( 1. ) THE Appellant/Plaintiff has filed the instant Second Appeal as against the Judgment and Decree dated 6/7/2005 in A.S.No.213 of 2004 passed by the learned First Additional Sub-Judge, Madurai in confirming the Judgment and Decree dated 5/1/2004 in O.S.No.10 of 2002 passed by the learned District Munsif, Thirumangalam.

( 2. ) THE PLAINT SCENARIO:- The Appellant/Plaintiff/Society is engaged in marketing the consumer items like sugar, wheat, rice etc., and also ginning cotton and decorticating the ground nut. The farmers used to bring cotton and ground nut for ginning and decorticating purposes and the Appellant/Plaintiff/Society would do the job on receiving the conversion charges only according to the quantity brought by the farmers. Earlier, practically, there has been no competition for ginning the cotton. As such the Appellant/Plaintiff/Society would invariably received large quantities of cotton and ground nuts being brought by the farmers. At that time, there would be a full time functioning of machineries being used for ginning and decorticating purposes. Also, there would be the consumption of electricity to a considerable level and even on those occasions, the maximum electricity consumption charges would be around Rs.10,000/-.

The service connection available in the Appellant/Plaintiff/Society premises for operating the machinery is S.C.No.P267. The other service connection in the premises of the Appellant/Plaintiff/Society is S.C.No.P265 which is intended for the lighting purposes. The said service connection would be in operation to the fullest extent only when the machinery in the premises are operated. On other occasions, the lighting will be confined to the office room only which will not attract more than a minimum charge which would be around Rs.70/-. The audit books of the Plaintiff/Appellant/Society will clearly establish the amount of business done by the Society and how much of the conversion charges was received by the Appellant/Plaintiff/Society.

( 3. ) THE Appellant/Plaintiff/Society received a notice from the Second Respondent/Second Defendant intimating that there was an excess amount of Rs.1,98,429/- in respect of S.C.No.P267 and an amount of Rs.3,834/- in respect of S.C.No.P265, towards electricity consumption charges payable by the Appellant/Plaintiff/Society to the Respondents/Defendants. THE Appellant/Plaintiff/Society was required to pay the amount in full within seven days. No working sheet has been enclosed with the notices sent by the Second Respondent/Second Defendant. On what basis the Second Respondent/Second Defendant arrived at the amount mentioned in the notice has not been explained. THE Appellant/Plaintiff/Society has every right to know on what basis, the Second Respondent/Second Defendant is demanding the excess amount. THE Appellant/Plaintiff/Society has been without business practically for about two years and they have not received any cotton raw materials for ginning purposes. THE Respondents/Defendants officials are taking the reading in the meter in the premises on regular basis and they did not even on one occasion point out any discrepancy. THErefore, the Appellant/Plaintiff/Society has been left with no alternative but to seek the relief of declaration to the effect that the notices sent by the Second Respondent/Second Defendant in respect of S.C.Nos.P.267 and P.265 are invalid and not binding on the Appellant/Plaintiff/Society. Since the Second Respondent/Second Defendant has been threatening the Appellant/Plaintiff/Society that if the excess electricity charges has not been paid in full, electricity consumption would be disconnected in the premises of Appellant/Plaintiff/Society. THE Appellant/Plaintiff/Society has been forced to seek the relief of permanent injunction also, restraining the Respondents/Defendants from disconnecting the service connections in the premises of the Appellant/Plaintiff/Society.

( 4. ) WRITTEN STATEMENT PLEAS OF THE SECOND RESPONDENT/