- (1.) This appeal has been directed against the decree and judgment in O.S. No. 75 of 1988 on the file of the Court of Subordinate Judge, Tenkasi. The unsuccessful defendants before the trial Court are the appellants herein.
(2.) The plaintiffs filed the suit for declaration that the demand of payment by the defendants towards surcharge in respect of belated payment of electricity consumption charges for the period from 1979 to 1982 is illegal and untenable, since the demand under Ex.A1 in the year 1988 is barred by limitation and also for consequential injunction.
(3.) The short facts of the plaint runs as follows: The plaintiffs are residents of Kuthapanchan and Kalathimadam Villages in Ambasamudram Taluk. The first plaintiff owns Nanja lands and there is a well in the lands owned by them. Plaintiffs 2 to 7 and 10 to 14 also own Punja lands and there are wells in their lands. Plaintiffs 1 to 7 and 10 to 18 have installed electric motor pump sets in their respective wells and have obtained electric connection from the first defendant to draw water from their wells through the means of their electric motor pump sets. The Plaintiffs 1,4,5,8 to 10, 12, 13 and 15 also own house at Kalathimadam Village and they have obtained electric connections to their house from the first defendant. The service connection numbers of the plaintiffs are given in the schedule to the plaint. S.C. numbers denote agriculture services and H.S.C numbers denote house service connections. The service connections to the pump sets described in the schedule are classified as agriculture services. The plaintiffs are liable to pay 12 Paisa per unit for the electric energy consumed by them. Due to agriculturists' agitation, the plaintiffs did not pay electric consumption charges from 1979 to 1982. The plaintiffs have also paid the dues payable by them from 1979 to 1982 as claimed by the defendants. There are no arrears of electric consumption charges payable from 1979 to 1982. But all of a sudden, the plaintiffs have been served with notices by defendant No. 3 dated 18.03.1988 demanding to pay amounts described in the schedule alleging that the amounts represent penal levy for the delay in the payment of electric consumption charges. Defendants also threatened that if the amounts are not paid before 30.04.1988, their services would be disconnected. Hence, the suit.;