T.V.S. CHAKAPATHI RAO AND ANR. Vs. J. DAKSHINAMUTHY AND ORS.
LAWS(APH)-1955-7-32
HIGH COURT OF ANDHRA PRADESH
Decided on July 12,1955

T.V.S. Chakapathi Rao And Anr. Appellant
VERSUS
J. Dakshinamuthy And Ors. Respondents


Referred Judgements :-

HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED TO]


JUDGEMENT

Viswanatha Sastri, J. - (1.)THESE appeals, have been preferred against the orders of Bhimasankaram J quashing the orders of the District Judge, Krishna, holding that the Respondents in these appeals ceased to hold office as councillors of the Municipal Council of Vijayawada.
(2.)WRIT Appeals 33 and 35 of 1055 preferred against Writ Petitions 57 and 58 of 1955 raise common questions and may be dealt with together. They, arise out of petitions filed by the Appellants before us under Section 51 of the Madras District Municipalities Act (V of 1920) (hereinafter referred to as "the Act"), for a declaration that the Respondents had ceased to hold office a councillors of the Vijayavada Municipal Council under Section 50, Sub -section (1), Cl. (hh) of the Act by reason of default in payment of electric charges due to the Municipality.
In one of these two cases then: was an allegation that there was default in payment of house -tax also, but this allegation was found not to have been established by the District Judge, and is not pressed before us.

The Municipality, a licensee under the Electricity Act, supplies electricity to house -owners who pay the Municipality charges for consumption of electric energy at rates fixed in the agreements entered into between the consumers and the Municipality. Respondents are consumers of electrical energy supplied by the Vijayawada Municipality. The Respondent in Writ Appeal No. 33 of 1955 owns two houses supplied with electricity and had to pay the Municipality Rs. 17 -3 -6 for February, 1953 and. Rs. 30 -7 -6 for March, 1953, as electric charges.

On 28th April, 1953, a consumption bill showing the unfits of electricity consumed, the rates at which the consumption was chargeable, the meter rent and the total amount payable in respect of one of the houses of the Respondent was sent by registered post to him. This bill was paid on 22nd September, 1953.

A similar bill in respect of his other house was scoot by registered post to the Respondent on 7th May 1953 and was paid on 20th September, 1953.

A consumption bill in the .same form as stated above was sent to the Respondent in Writ Appeal No. 35 of 1955 by registered post and was paid by him more than three months after the bill was received by him.

(3.)THE question is whether the Respondents in these two cases have ceased to hold office as municipal councillors by reason of the non -payment of electric charges due from them within three months of the service of the bills upon them.
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