1. The petitioner-Factory is an Automobile Industry. It is the case of the petitioner that during 2012, the factory had an installed capacity of 1000 KVA by TANGEDCO. A new shed was put up for moulding unit and apart from that, a rest shed/training room was sought to be put up, for which, roofing was required, consisting of iron poles, which were welded at joints, over which, tin sheets were to be laid, so that, the workmen could rest in the covered area, adjoining to Shed No.2. Due to severe power shortage, the Industrial areas in Hosur were severely affected and they were allowed to use only 40% of the maximum demand. According to the petitioner, they could use 40% of the installed capacity. However, in order to augment supply of electricity and carry on the production activity, without any disruption, the petitioner had a captive generation. On account of addition of a Moulding Unit, the total usage of the power in the factory doubled from 1000 KVA to 2000 KVA. The petitioner had also purchased a new generation set, for which, cabling work was required. The new cabling was sought to be provided from the power house, by means of a metallic tray, which would support the cables.

2. While that be so, on 25.09.2012, at 2.30 P.M., the Executive Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Ltd., Hosur, 3rd respondent, along with the Assistant Executive Engineer (O & M), C & I, Tamil Nadu Generation and Distribution Corporation Ltd., and the Assistant Executive Engineer, Enforcement (Vigilance), Tamil Nadu Generation and Distribution Corporation Ltd., came to the petitioner-Factory and made a surprise inspection of the service connection HT SC No.303/1A. The petitioner and Mr.Gunasekaran, Electrical Incharge, were present at the time of surprise inspection. The 3rd respondent questioned about the additional building construction works and the source of electricity for such construction activities. The petitioner replied to them that they have got a captive generator, which was used for the construction. It was actually a minor construction to provide a roof covered with tin sheets, intended to be used as a rest shed/training room to provide the tray for additional cables from the power house, for which, they had outsourced tresses and captive power generator was only used. They have also submitted that necessary permission has been obtained from the Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Krishnagiri Electricity Distribution Circle, Dharmapuri, 1st respondent, for operating the captive generators,

3. The petitioner has further submitted that without considering their reply, the 3rd respondent has prepared an observation mahazar and demanded an acknowledgement of the same. Going through the said observation, the petitioner found that the contents were actually contrary to the actual physical situation, prevailing at the time of surprise inspection and mover over, the machines mentioned therein were not in use, at the time of inspection. However, the Executive Director of the petitioner-factory had acknowledged the same, under protest.

4. Thereafter, the 3rd respondent and his men, visited the factory premises, on the same day, during the night hours and handed over a demand notice for Rs.94,000/-, towards penalty, for unauthorised use of electricity for the new building under construction. The petitioner has protested against the illegal demand. Nevertheless, taking into consideration that there should not be any disruption in the manufacturing activity, the petitioner was constrained to make payment of Rs.94,000/-, by way of cash, under protest. Subsequently, at 11.00 P.M., on the same day, ie., on 25.09.2012, the Assistant Executive Engineer (O & M), C & I, Tamil Nadu Generation and Distribution Corporation Ltd., came to the factory premises and disconnected the electricity service connection, without any notice and thereafter, he has serv