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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE K. RAJASEKAR, J
Pavithra Masi – Appellant
Versus
Superintending Engineer – Respondent
JUDGMENT :
K. RAJASEKAR, J.
This second appeal is filed challenging the concurrent finding of the Courts below in dismissing the suit for declaration and injunction against the defendants from disconnecting the electricity connection of the plaintiff/ Appellant herein.
2. For the sake of convenience, the parties are referred herein according to their litigative status and rank before the Trial Court. The brief facts leading to filing of this appeal by the plaintiff are as follows:
2.1 The plaintiff is the Vice President and Secretary of Thiru Amman Educational Trust, which is running a college named "Muthu Arts and Science College" at Harur Town, Dharmapuri District. The college is having a consumer electricity connection bearing D.No.533 and on 08.11.2005, the second defendant has sent a letter stating that the electricity connection reading recorded in the consumer card varies with the actual electricity consumed by the plaintiff's college. However, the plaintiff has not replied immediately due to sudden demise of the plaintiff's father on 29.01.2006, subsequently, on 24.06.2006, the plaintiff had sent a reply letter calling upon certain clarification in this regard. On 29.04.2006, t
The burden of proof lies on the party claiming a defect in the electricity meter, which was not substantiated by the plaintiff.
Determining meter correctness is limited to physical defects; wiring errors cannot invoke inspector reviews as per Indian Electricity Act, 1910.
Unilateral billing by the Electricity Board is unsustainable without resolving meter disputes through an Electrical Inspector.
Disciplinary punishment imposed without evidence and based on an undisclosed dissenting note, contrary to an enquiry officer's exoneration, violates principles of fair procedure and is legally unsust....
The appellate court does not interfere with the trial court's discretion on procedural issues unless an error is demonstrated; contested facts must be resolved in a full trial, not under interlocutor....
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