IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09/03/2006
CORAM
THE HON'BLE MR. JUSTICE A. KULASEKARAN
S.A. No. 17 of 1996
1. Tamil Nadu Electricity Board,
rep. by its Superintending
Engineer, Cuddalore (South
Arcot Vallalar Elecy. Distn.Circle).
2. The Junior Engineer,
Tamil Nadu Electricity Board
(Operation & Maintenance),
Vadalur, Cuddalore District. ... Appellants
-Vs-
Sathya Gnana Sabhai,
Vadalur, Rep. by
Administrative Officer. ... Respondent
Second Appeal under Section 100 C.P.C. against the Judgment and
Decree dated 24.9.1993 made in A.S.No.7/93 on the file of Principal Sub Court,
Cuddalore, confirming the Judgment and Decree dated 25.3.91 made in
O.S.No.1033/88 on the file of District Munsif Court, Cuddalore.
!For Appellant : Mr.V.Radhakrishnan
^For Respondent : Mr.R.Yashod Vardhan
:J U D G M E N T
The defendant in O.S.No.1033 of 1988 on the file of District Munsif,
Cuddalore, is the appellant herein.
2. The respondent, Sathya Gnana Sabhai is a public charitable
religious institution under the control of Hindu Religious and Charitable
Endowments, managed by the Executive Officer appointed by the said department.
At the time of effecting service connection No.5 for providing lights to the
road leading to the said institution, the appellant Board applied Tariff II.
Later, by Ex.A.1 dated 14.7.1988, they sought to apply Tariff VIII, which was
challenged by the respondent by filing the above said suit seeking for the
relief of declaration and consequential injunction.
3. Before the trial Court, the appellant herein marked Ex.A.1, the
impugned notice of the appellant dated 14.7.1988 and examined one Marimuthu,
the Executive Officer, as P.W.1. The respondent herein marked Ex.B.1, the
audit report dated 28.6.1988 and Ex.B.2, Tariff Notification dated 6.1.1988
and examined one Ganesan as D.W.1.
4. The trial Court, taking into consideration both oral and
documentary evidence, rejected the argument of the appellant that Tariff II
could be applied in respect of lighting arrangements in the street by the
local authorities not by the charitable institution like the respondent
herein. The trial Court pointed out that the respondent institution is
working under the control of Hindu Religious and Charitable Endowment, which
is also an organ of the Government.
5. The appellant herein filed an appeal, which was also dismissed by
the first appellate Court holding that no definition as to what is public
lighting was found mentioned in Act 1 of 1979, which was relied upon by the
appellant herein to show that the respondent institution is liable to pay
consumption charges under Tariff VIII and hence, in the absence of any such
definition and also in view of the exclusion of the charitable institution
like the respondent herein, it is not proper on the part of the appellant
herein to apply Tariff VIII. Hence, this second appeal.
6. I have considered the submissions made by both sides. During the
course of arguments, it is brought to the notice of this Court, sub clause
‘k’, relating to “public lamps” and sub clause ‘m’ relating to “street” of
Section 2 of the Indian Electricity Act, 1910, which contemplate thus:-
“2. (k) “Public lamps” means an electric lamp used for the lighting of any
street.
(m) – “Street” includes any way, road, lane, square, Court alley, passage or
open space, whether a thoroughfare or not, over which the public have a right
of way, and also the roadway and foot way over any public bridge or causeway.”
7. It is seen from the above said definitions that public lamps means
any electric lamp used for the lighting of any street, which includes any way,
road, lane, square, Court alley, passage or open space, whether a thoroughfare
or not, over which the public have a right of way, and also the roadway and
foot way over any public bridge or causeway. It is needless to mention that
the expansive definitions govern the lighting arrangement made by the
respondent herein.
8. In view of the discussion above, this Court finds no reason to
interfere with the well considered order passed by the Court below. In the
result, the second appeal is dismissed. No costs.
09-03-2006
Index :Yes
Internet: Yes
sra
To
1. The Principal Sub Court, Villupuram.
2. The District Munsif, Cuddalore.