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2001 Supreme(Mad) 925

K.SAMPATH
State of Tamil Nadu – Appellant
Versus
Gomathi Mills Viravanallur rep. by the Managing Partner – Respondent


Advocates Appeared:
Mr.S.T.S.Murthi, Special Government Pleader (C.S.) for Appellant. No Appearance for Respondent.

Judgment :

1. Defendants in O.S.No.403 of 1981, on the file of the District Munsif, Ambasamuthiram, are the appellants in the second appeal.

2. The respondent herein represented by its Managing Partner filed the suit for recovery of a sum of Rs.10,000 with interest on the following averments: As per Rule 46 of the Indian Electricity Rules, 1956, once in five years the electrical installations in Industrial Undertakings had to be inspected and tested; as per G.O.Ms.No.1437, dt.18.5.1963 inspection charges were fixed; in view of the increase in the pay of the employees and other overheads, the Chief Electrical Inspector requested the Government to revise the rates; as per G.O.Ms.No.1172, dt.26.7.1975, the rates were fixed; the new rates were 7 to 9 times higher than the previous rates; inspection would take place for a single day; the revised rates were unjust and beyond all proposition; they had no relationship to the services rendered; M/s. Bojraj Textile Mills Ltd., of Theni, challenged the revised rates in W,P.No.2405/1976 before this Court; the Court accepted the case of the writ petitioner and quashed the Government Order on 6.11.1978 so far as the writ petitioner was concerne

















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