KARUTHAKKAN NADAR Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) BEING aggrieved by the fair and decretal order dated 17.4.1998 made I.A.No.22 of 1998 in A.S.No.9 of 1995 on the file of the Principal Subordinate Court, Tirunelveli, the present revision petition has been preferred.

(2.) THIS Court ordered notice of motion to the respondents on 15.7.1998. The respondents have been served and they have entered appearance through their advocates. At the stage of notice of motion, with the consent of the counsel for the either side, the revision itself is taken up for final disposal.

(3.) PER contra, the respondents pleaded that in S.C.No.134, the petitioner has been permitted to connect a load of 3. H.P. Power only. The petitioner had applied for an additional load of 2 H.P. and an agreement has been received from the plaintiff on 11.4.1988. Only after sanction, the petitioner is entitled to use the additional load. Without sanction of additional load, the petitioner had unauthorisedly used additional load of 2 H.P. in addition to the sanctioned load of 3 H.P. which was detected by the anti power theft squad during the surprising inspection on 20.6.1988. For the unauthorised additional load an initial assessment notice was sent to the petitioner on 27.7.1988. On 20th August, 1988, the service connection was disconnected as the petitioner had failed to state either his obligation or to pay the amount as provisionally assessed and demanded. After the disconnection, the petitioner had restored the electricity connection and was drawing electricity without reference to Electricity Board. Once again on 2.2.1989 the Anti Power Theft Squad detected the theft and caught the petitioner red handed. A police complaint was laid.