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2015 Supreme(Mad) 510

R.MAHADEVAN
Tamil Nadu Electricity Board represented by Assistant Executive Engineer/O & M Kaveripakkam Vellore District – Appellant
Versus
Executive Officer Kaveripakkam Town Panchayat Kaveripakkam Vellore District – Respondent


Advocates Appeared:
For the Appellants:V. Viswanathan, Advocate.
For the Respondent:Mukund for M/s. Sarvabhauman Associates, Advocates.

Judgment

This second appeal has been filed by the defendants against the judgment and decree of the Sub-Ordinate Judge, Ranipet reversing the dismissal of the suit by the District Munisf, Sholinghur.

2. The Brief facts of the case are as follows;

The plaintiff had installed motor in the water pumping station for disbursement of water to the public. The permitted load was 25 H.P and the plaintiff had installed two motors of with 12.5 H.P each under service connection No.118.

Since enough water could not be pumped with 12.5 H.P motor, the plaintiff had replaced one 12.5 H.P motor with 21 HP motor. After inspection, the 1st defendant issued a notice proposing to levy damages and asked the plaintiff to remove the motor. The plaintiffs reply was rejected and by an order dated 18.07.95, damages to the tune of Rs.91,913/- was levied by the 1st defendant. Aggrieved, the plaintiff filed an appeal, which also turned out to be a futile exercise. Aggrieved the plaintiff had filed the suit for a declaration to declare the order levying damages as null and void and for consequential injunction to refrain the board officials from interfering with the electricity supply to the service connection No.11























































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