The main legal point established in the judgment is that statutory provisions prevail over regulations, and a body created by statute is bound by the statutory provisions.

1. The petitioner prays for issuance of a writ in the nature of Certiorari to quash the order No.1188/EI/C/Disputes/2007-1 dated 30.03.2007 passed by the Electrical Inspector, Chennai Division in exercise of quasi judicial power under Section 26(6) of the Indian Electricity Act, 1910 (hereinafter referred to as the ‘Act’).

2. The impugned order reads as under:

“GOVERNMENT OF TAMILNADU ELECTRICAL INSPECTORATE

From To

The Electrical Inspector, Thiru Central Hotels(P)

Ltd.,

Chennai Division, 1st Floor, Sathak Centre

Annexe,

Thiru-vi-ka Industrial Estate, 141/11, Nungambakkam

High Road,

Guindy, Chennai-32 Chennai-34

Lr.No.1188/EI/C/Disputes/2007-1, dt. 30.03.2007

Sir, Sub: Electricity – Thiru Central Hotels (P) Ltd., 1st Floor, Sathak Centre Annexe – HTSC No.2302 – Revision of billing – Regarding.

Ref: 1) High Court, Madras Order dt.16.3.04 in W.P.No.2976 of 2003.

-O-

With reference to above cited, the following conclusions are arrived.

The HT supply for Thiru. Central Hotels, Chennai-3 was effected on 27.2.95 with sanctioned demand of 250KVA power check calculation by disc rotation method was done incorrectly. After one year when power check was carried out by T.N.E.B. Officials, the meter was said to have recorded only 2/3 consumption due to defective wiring connection done outside metering mechanism i.e. Biecco Lawrie Panel. This was said to have been informed to consumer and same was said to have been rectified on 22.3.96.

From the records of current consumption readings from 4/95 to 3/96, the consumption of electricity was slowly raised for 1st 12 months.

After 3/96 and after rectification of wiring, the current consumption was found to be increased to 1/3rd consumption for the next 2 months and there onwards, it is steadily varying between 85000 to 95000 units.

Though, the dispute is not in registering mechanism of the meter, as per discussion with both TNEB and consumers representative the meter was removed from consumer premises and meter was also tested for correctness in Government Electrical Standards Lab for both correct wrong connection (given for period 27.2.95 to 22.3.96 i.e. Only 2 current coils energised)

From the test results, it is ascertained that

i) % error is within the limits when the meter is connected in correct connection.

ii) % error is beyond the limits say 40% slow due to wrong defective connection.

From the records of office of the Electrical Inspector/Chennai Division, it is ascertained that there is no permitted additional load from the period 27.2.95 to 22.3.96.

The consumer namely, Central Hotels Pvt. Ltd. has paid necessary consumption charges from 4/96 to 13.09.05 (i.e. after rectification). They have not objected this and are objecting from March ’95 to 25.3.96 (about 13 months).

Accepting “one part of whole” and rejecting the remaining “part of whole is unreasonable”. When the consumer namely Central Hotels (P) Ltd., has agreed with “meter readings” after rectification as “correct” they should accept that “meter readings” before rectification of wiring external to “meter” as incorrect.

As such, the revision of the bill for the period from “March ’95 to 29 days of March ’96 as per terms and conditions of supply of T.N.E.B. appears to be reasonable.

ELECTRICAL INSPECTOR/CHENNAI”3. It is pleaded case of petitioner, that it is user of HT supply for a maximum demand of 250 KVA from the respondents 1 and 2. The connections was allowed after fulfilling and complying with the various requirements to install new HV and MV installations in the building for running the hotel during 1995.

4. The petitioner entered into agreement dated 21.02.1995 for HT service and under the agreement, the meter room was put up and all the facilities were made available through its electrical engineers and contractors M/s. Sharavathy Electricals, P12, Anna Nagar, Chennai in consultation with the Consultant Electrical Engineers M/s. Kashyap