High Court of KeralaWP(C)/5579/2015disposed of

Krishnan v. The Deputy Chief Engineer, Kerala State Electricity Board

2015-02-23Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 WP(C).No. 5579 of 2015 (V) --------------------------- PETITIONER(S):

-------------------------- KRISHNAN, AGED 69 YEARS S/O.ONAKKAN, THEKKETHARAMMAL, POST AYANCHERRY, VADAKARA, KOZHIKODE - 673 541.

BY ADVS.SRI.R.SUDHISH SMT.M.MANJU SRI.A.R.BEJOY RESPONDENT(S):

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

1. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, KANNOOR - 670 001.

2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, AYANCHERRY, KOZHIKODE - 673 541.

3. THE SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, AYANCHERRY, KOZHIKODE - 673 541. R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5579 of 2015 (V) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: COPY OF THE MAHAZAR PREPARED BY THE 3RD RESPONDENT DATED 17/11/2014 WITH TYPED COPY.

EXT.P2: COPY OF THE CALCULATION STATEMENT ALONG WITH THE BILL. EXT.P3: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 18/11/2014. EXT.P4: COPY OF THE APPEAL PREFERRED BY THE PETITIONER DATED 27/11/2014. EXT.P5: COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 22/12/2014. EXT.P6: COPY OF THE APPEAL PREFERRED BEFORE THE 1ST RESPONDENT DATED 20/01/2015.

EXT.P7: COPY OF THE ELECTRICITY BILL ISSUED TO THE PETITIONER DATED 22/03/2013.

EXT.P8: COPY OF THE ELECTRICITY BILL ISSUED TO THE PETITIONER DATED 24/07/2014.

RESPONDENT(S)' EXHIBITS- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE

V.CHITAMBARESH, J.

--------------------------------------- W.P.(C) No.5579 of 2015 ---------------------------------------- Dated this the 23rd day of February, 2015

JUDGMENT

Power theft was alleged and Exhibit P5 final bill followed. The same is appealable under Section 127 of the Electricity Act, 2003. An appellate authority has been newly constituted pursuant to Muhammed Haji v Kerala State Electricity Board 2014 (3) KLT 706. Appeal if any filed by the petitioner within three weeks from today shall be dealt with by the newly constituted appellate authority. The appeal shall be disposed of within a period of three months. Needless to say that the appeal shall be accompanied by one half of the amount assessed as per Exhibit P5 order. The electricity connection shall be restored to the petitioner on making the statutory deposit along with the appeal. The writ petition is disposed of.

V.CHITAMBARESH, JUDGE