M PREM SELVI Vs. EXECUTIVE ENGINEER DISTRIBUTION ELECTRICITY DISTRIBUTION CIRCLE/SOUTH TATABAD COIMBATORE

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree of the learned Principal District Judge, Coimbatore, dated 5. 7. 1996, made in A. S. No. 173 of 1995, reversing the judgment and decree of the trial Court, dated 25. 4. 1995, made in O. S. No. 1835 of 1990, on the file of the II additional District Munsif Court, Coimbatore.

(2.) THE suit in O. S. No. 1835 of 1990, had been filed by the plaintiff, who is the appellant in the present second appeal, praying for the relief"s of declaration and permanent injunction.

(3.) THE second defendant had given the notice alleging that 65 H. P. energy from the supply given by the defendant had been connected to the generator thereby, using a total energy of 109 H. P, even though it was factually incorrect. To the notice, dated 18. 5. 1990, issued by the first defendant, the plaintiff had given reply notices, dated 23. 5. 1990 and 4. 6. 1990. Since the defendants were threatening to take penal proceedings and also since steps were being taken to disconnect the electricity service connection, without following the procedure established by law and without following the principles of natural justice, the plaintiff had preferred the suit to declare the proceedings of the defendants, dated 18. 5. 1990, as void, illegal and ultra vires. THE plaintiff had also prayed for a permanent injunction restraining the defendants, their men and servants from in any way making any demand or from disconnecting the service connection No. 716 at Rathinapuri in Coimbatore.