The right of the Electricity Board to demand and collect charges from the consumer, and to discontinue supply in case of non-payment, is independent and indefeasible, not barred by limitation, and cannot be superseded by a civil court's injunction.

1. The Appellants/Defendants have projected this present Second Appeal as against the Judgment and Decree dated 10.06.1998 in A.S.No.65 of 1996 passed by the Learned Sub Judge, Tiruvallur, confirming the Judgment and Decree dated 22.03.1996 in O.S.No.811 of 1992 passed by the Learned District Munsif, Ponneri.

2. The First Appellate Court, viz., Learned Sub Judge, Tiruvallur, while passing the Judgment in A.S.No.65 of 1996 on 10.06.1998, has among other things, opined that in the trial Court Judgment, it is mentioned that the penalty is not liable to be paid by the Respondent/Plaintiff and further that he has to remit a sum of Rs.9,494.50 towards the balance outstanding electricity amount. Further, after the Judgment and Decree passed by the trial Court in the main suit, the Respondent/Plaintiff has paid a sum of Rs.9,494.50 being the electricity due amount to be paid to the Electricity Board and also obtained electricity connection as informed on the side of the Appellants/Defendants and as such the Appeal is not maintainable and dismissed the Appeal without costs, thereby confirming the Judgment and Decree passed by the trial Court in the main suit.

3. Before the trial Court, in the main suit, one to two issues have been framed for determination. On behalf of the Respondent/Plaintiff, witness P.W.1 has been examined and Ex.A1 has been marked. On the side of the Appellants/Defendants, witness D.W.1 has been examined and Exs.B1 to B5 have been marked.

4. The trial Court, on appreciation of the entire oral and documentary evidence available on record, has come to a clear conclusion that the Respondent/Plaintiff has sought permission with the Appellants/Defendants to pay a sum of Rs.9,494.50 in instalments and as regards the sum of Rs.9,494.50, the same is not hit by limitation and directed the Respondent/Plaintiff to pay the aforesaid amount to the Appellants/Defendants and also the Appellants/Defendants have been directed to receive the sum of Rs.9,494.50 from the Respondent/Plaintiff and to give reconnection to the disconnected electric supply and accordingly, passed a Decree of mandatory injunction without costs. The Respondent/Plaintiff has also been granted a month's time to pay the said sum of Rs.9,494.50 to the Appellants/Defendants.

5. At the time of admission of the Second Appeal, this Court has formulated the following Substantial Questions of Law for rumination :

(i) Whether the Courts below are correct in decreeing the suit in view of the decision rendered by the Hon'ble Supreme Court reported in JT 1997 (2) SC 328 ?

(ii) Whether the finding of the Courts below are correct in view of the decision reported in 1997 (III) CTC P.527 and 1999 (1) CTC 289?

(iii) Whether the decision of the Courts below are correct in view of the provisions of Section 24 of the Indian Electricity Act 1910?

The Contentions, Discussions and Findings on Substantial Questions of Law :

6. According to the Learned Counsel appearing for the Appellants/Defendants (E.B.), both the Courts below ought to have dismissed the suit in limine and should have held that the Respondent/Plaintiff is not entitled to claim the relief of mandatory injunction as claimed for by him in the plaint.

7. The Learned Counsel for the Appellants/Defendants (E.B.), urges before this Court that the suit service connection in S.C.No.36:144:90 (in the name of the Respondent/Plaintiff) has been disconnected long back and the Respondent/Plaintiff can only seek for a fresh service connection.

8. The Learned Counsel for the Appellants/Defendants (E.B.), submits that the trial Court and the first Appellate Court have failed to appreciate in regard to the fact that the claim of arrears of current consumption charges and BPSC charges by the Electricity Board is barred by limitation.

9. Lastly, it is the contention of the Learned Counsel for the Appellants/Defendants (E.B.) that while directing the Respondent/Plaintiff to pay a sum of Rs.9,494.50 to the Electricity