- (1.) MR.N.Muthusamy, learned Standing Counsel is directed to take notice on behalf of the respondents. By consent, the writ petition itself is taken up for final disposal.
(2.) THE petitioner has field this writ petition seeking to call for and quash the impugned order of the first respondent herein dated 18.9.2000 wherein the petitioner was directed to deposit 40% of the assessed amount for entertaining the appeal filed by the petitioner. The petitioner has filed the appeal before the second respondent challenging the levy of electricity charges to the time of Rs.9,98,616. When the appeal is filed, the following impugned order was passed by the first respondent. "The appeal made by you has been received at this office. In order to consider your appeal, you are requested to pay 40% amount of the compensation charges ( i.e., 4 instalments) and intimate the same to this office." The learned counsel for the petitioner contended that there is no provision in the Tamilnadu Electricity Board Act or in the Rules framed thereunder empowering the appellate authority seeking for the deposit of the amount as mentioned in the impugned proceedings. Hence, the demand made by the first respondent for deposit of 40% of the amount is highly arbitrary and without any jurisdiction. Learned standing counsel for the respondents, however, contended that it is the discretion of the authority to impose conditions for maintenance of the appeal. I have carefully considered the contentions of the learned counsel for the petitioner. The learned counsel for the petitioner relied upon an unreported judgment of this Court in W.P.No.17745 of 1997, dated 13.4.1999, wherein my learned brother K.Govindarajan, J. has held that it is open to the petitioner to file the appeal, since an interim order was passed in the said writ petition earlier, on condition that the petitioner should deposit a sum of Rs.75,000 and presnet the appeal, the appellate authority was directed to maintain the appeal. The Supreme Court, in identical matters i.e., in the case of Saint Mary's School v. Contonment Board, Meerut Saint Mary's School v. Contonment Board, Meerut Saint Mary's School v. Contonment Board, Meerut , (1996)7 S.C.C. 474 and in the case of Shyam Kishore v. Municipal Corporation of Delhi Shyam Kishore v. Municipal Corporation of Delhi Shyam Kishore v. Municipal Corporation of Delhi , (1993)1 S.C.C. 22 has held that when the statute do not provide any condition for entertaining the appeal it is not for the authorities to insist for the deposit of any portion of the disputed amount in order to take the appeal on file. The said Act provides for insisting of the deposit only at the time of the hearing and as uch, only at the time of hearing of the appeal, it is open to the authorities to impose the condition of deposit of the amount.
(3.) SUB-Clause 12.02 of Clause 37 of the Tamilnadu Electricity Board Regulations empowers the appellate authority to direct the payment of the amount before considering the appeal. The said provision reads as follows: "After receipt of assessment notice, the consumer can also request the appellate authority in writing to stay disconnection of the service. Before considering the appeal, the appellate authority can order the consumer to pay not less than a minimum no of instalments as below: (a) Two instalments out of five instalments for amount upto Rs.1,00,000 (b) Four instalments out of ten instalments for amount above Rs.1,00,000 and upto Rs.10,00,000. (c) Six instalments out of fifteen instalments for amount exceeding Rs.10,00,000. The appellate authority can simultaneously order stay of collection of compensation charges and disconnection i.e., stay of assessment order on payment of minimum instalments." The word "appeal" woudl not mean the admission of the appeal nor the stage at which the appeal has to be taken up on file. Consideration of the appeal would arise only at the stage of final disposal, as held by the Supreme Court in the above referred to decisions wherein Their Lordships have interpreted the word "hearing". Hence, the impugned proceedings of the first respondent is quahsed. The appellate authority is directed to number the appeal filed by the petitioner and entertain the same. Before ever the appeal is taken up for final disposal, it is open to the appellate authority to impose conditions as referred in the said Regulations. ;