Charley E. Abraham v. Assistant Engineer Kseb Electrical Section

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 6744 of 2015 (P) ------------------------------------- PETITIONER:

-------------------- CHARLY E. ABRAHAM EDAMANAMYALIL HOUSE, MEVELLOOR P.O.

KOTTAYAM DISTRICT - 686 609 BY ADV. SRI.JOHN T.PAUL RESPONDENTS:

------------------------- 1.

ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION KSEB ELECTRICAL SECTION, PERUVA, KOTTAYAM DISTRICT 686 610 2.

ASSISTANT EXECUTIVE ENGINEER KSEB - APTS, POOVANTHURUTHU P.O., KOTTAYAM - 686 012 3.

AJESH KUMAR T.V., SUB ENGINEER KSEB ELECTRICAL SECTION,PERUVA, KOTTAYAM DISTRICT - 686 610 4.

M.V. MADHU, ASSISTANT EXECUTIVE ENGINEER KSEB - APTS, POOVANTHURUTHU P.O., KOTTAYAM - 686 012 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6744 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE CERTIFICATE ISSUED BY THE VETERINARY SURGEON, MULAKULAM DATED 2.3.2015 P2 :

COPY OF THE CERTIFICATE NO. KBV 10/2014-15 ISSUED BY THE AGRICULTURAL OFFICER, MEVELLOOR DATED 16.02.2015 P3 :

COPY OF THE SITE MAHASUR DATED 16.02.2015 P4 :

COPY OF THE PROVISIONAL ASSESSMENT ORDER NO.

BB/PVA/INSPN/2014/40 DATED 18.02.2015 P5 :

COPY OF THE FINAL BILL NO. DB/15/PROCEEDINGS/14-15/PVA/39 DATED 28.02.2015 P6:

COPY OF THE NOTICE OF DISCONNECTION DATED 16.02.2015 P7:

THE PHOTOGRAPHS OF THE FARM HOUSE AND DRIED NUTMEG SAMPLE P8:

THE RELEVANT SCHEDULE OF TARIFFS FOR RETAIL SUPPLY BY KSEB BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION P9:

THE RELEVANT PORTION OF THE KSERC ORDER DATED 25.07.2012 IN O.P. NO. 23/2012 P10:

THE RELEVANT SCHEDULE OF TARIFFS FOR RETAIL SUPPLY BY KSEB WITH EFFECT FROM 1.5.2013 BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 6744 OF 2015 ---------------------------------------- Dated this the 03rd day of March, 2015

JUDGMENT

Ext. P5 bill issued under Section 126 of the Electricity Act, 2003 is impugned. The same can as well be challenged in an appeal under Section 127 of the said Act. An appellate authority has been newly constituted pursuant to the decision in Muhammed Haji v. Kerala State Electricity Board [2014(3) KLT 706].

2.

The petitioner is conducting a farm house and the electricity connection has been snapped. The electricity connection shall be restored on the petitioner depositing one half of the demand made under Ext. P5 bill. This would be in compliance with statutory deposit to maintain an appeal under Section 127 of the Electricity Act. The appeal should also be filed within the time permitted by law. The appeal if any supported by the statutory deposit shall be disposed of by the appellate authority without delay.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE