COMMON ORDER

Both the writ petitions have been filed by a TVS Agri Science Research Institute who are consumers of Electricity, challenging an order passed by the appellate authority arising out of the proceedings under Section

126 of Electricity Act. Factual Background:

2.According to the petitioner, they are a society registered under Tamil Nadu Societies Registration Act and they approximately own 440.31 acres in Eruvadi and Vadakku Valliyoor Village in Tirunelveli District along with buildings, sheds, wells and other facilities set up in relation to agricultural purpose. According to the petitioner, the said lands are mainly used for raising agricultural crops like paddy, sugarcane and coconut trees. Nearly 2500 coconut trees, certain fruit bearing trees like Sappota, Amla, Pappaya and Mango have been planted and raised in less numbers. The petitioner had further contended that the said institute has been established mainly to promote research facilities for carrying on research in agricultural and allied fields.

3.The petitioner had contended that the petitioner has got two service connections in D.Nos.385 and 386. Those service connection were under Tariff V. The petitioner had obtained a different service connections for illuminating the office building and thereafter, filed an application to the respondent board on 30.06.2004 for converting D.385 and D.386 into a free agricultural service connection. The said request of the petitioner was accepted by the board and an order was passed on 10.09.2004 converting the said connection into Tarrif IV connection. Thereafter, the authorities have inspected the site on 02.08.2011 and they arrived at a finding that the agricultural service connection is being utilised for horticulture purpose and hence, there is an unauthorised usage of service connection attracting Section 126 of Electricity Act. Two provisional assessment orders were used by the respondent board on 02.08.2011 for both the service connections.

4. The petitioner herein had filed his reply on 11.08.2011 contending that mainly they are cultivating coconut trees and it should be treated only as an agricultural operation. The other fruit bearing crops are only inter crops and hence, the electricity board was not right in classifying their activities as horticulture activities. On 16.08.2011, a notice was issued by the respondent authorities seeking further explanation from the writ petitioner. The writ petitioner submitted a detailed reply for both the service connections on 02.09.2011. As per the said reply, the coconut trees are the major crops with around 2500 trees. Only based upon the request made by the petitioner society, the authorities after inspecting the agricultural land, have given a consent and passed an order converting Tariff V to Tariff IV. Even in the said application, the petitioner has mentioned that they are cultivating crops like Coconut trees, Paddy, Sugarcane, Mangoes, Amla and Sappota and after verifying the lands, the order was passed by the respondent board.

5.The petitioner had further contended that the board has not made out a case of unauthorised use of electricity because the service connection have been utilised only for agricultural purpose. The petitioner had further contended that after granting connection under Tariff IV, the respondent board cannot turn around and thereafter, contended that the usage is unauthorised.

6.The board after considering the reply, passed a final assessment order confirming the unauthorised usage and directed the petitioner Society to pay a sum of Rs.5,27,965/- as per the enclosed working sheet. These two orders were challenged by way of writ petition in W.P.Nos.12963 and 12964 of 2011. This Court by an order dated 15.11.2011 disposed of the writ petitions directing the first respondent to dispose of the appeal dated 30.11.2011 within a period of four weeks from the date of receipt of copy of the order. Pending writ petitions, the petitioner society has alrea