High Court of KeralaWP(C)/3001/2011disposed of

Tessy George v. Kerala State Electricity Board & 2 ORS.

2015-06-08Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 WP(C).No. 3001 of 2011 (A) ------------------------------------- PETITIONER:

--------------------- TESSY GEORGE, W/O.GEORGE, 127-JAWAHAR NAGAR, ERNAKULAM COCHIN-20.

BY ADVS.SRI.SANTHAN V.NAIR SRI.V.V.MITHUN SRIB.RAJESH(TRIVANDRUM) RESPONDENTS:

----------------------------

1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTAM P.O., THIRUVANANTHAPURAM REP. BY ITS CHAIRMAN-695004.

2. THE EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL DIVISION, ERNAKULAM-682018.

3. THE ASSISTANT EXECUTIVE ENGINEER, (K.S.E.B.) EMS, GIRI NAGAR, MAJOR SECTION COCHIN-682020.

R1-R3 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B SMT.P.K.RADHIKA, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3001 of 2011 (A) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 11.9.2001 EXT.P2 COPY OF THE NOTICE DATED 15.10.2001 ISSUED BY THE THIRD RESPONDENT EXT.P3 TRUE COPY OF THE INVOICE DATED 15.10.2001 EXT.P4 TRUE COPY OF THE DETAILED CALCULATION STATEMENT EXT. P5 TRUE COPY OF THE LETTER DATED 18.10.2001 SENT BY THE PETITIONER TO THE THIRD RESPONDENT EXT. P6 TRUE COPY OF THE APPEAL MEMORANDUM DATED 19.10.2001 BEFORE THE SECOND RESPONDENT EXT. P7 TRUE COPY OF THE ORDER DATED 16.3.2002 PASSED BY THE SECOND RESPONDENT EXT. P8 TRUE COPY OF THE REASSESSMENT NOTICE ISSUED BY THE SENIOR SUPERINTENDENT ELECTRICAL MAJOR SECTION GIRI NAGAR ERNAKULAM EXT. P9 COPY OF THE INVOICE DATED 22.04.2002 EXT.P10 COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF RS.

2,96,092/- EXT. P11 COPY OF THE JUDGMENT DATED 7.2.2006 IN O.P. NO. 14605/2002 EXT. P12 TRUE COPY OF THE ORDER NO. B.O.(FB) NO. 2/10/2006 (LAW 2309/2004) DATED 4.11.2006 EXT. P6 TRUE COPY OF THE JUDGMENT DATED 23.09.2009 IN W.A. NO. 637/2008 EXT. P14 TRUE COPY OF THE ORDER NO. GB1/22/10-11/1338 DATED 19.11.2010 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 3001 OF 2011 ---------------------------------------- Dated this the 8th day of June, 2015

JUDGMENT

The Regulations issued by the Kerala State Electricity Board in exercise of its power under Section 79(j) of the Electricity (Supply) Act, 1948 cannot be applied retrospectively. It has been so held by a Full Bench of this Court by judgment dated 29.10.2014 in W.A. No. 117/2014. 2.

Exts. P7 and P14 orders wherein the aforesaid regulations have been applied retrospectively have necessarily to be quashed and I do so. I make it clear that penal assessment can be on the basis of fixed charges as well as energy charges as has been held by the Apex Court. 3.

Revised orders shall be passed within a period of one month from the date of receipt of a copy of this judgment The writ petition is disposed of.

V. CHITAMBARESH JUDGE