V.S.Sunil Kumar v. Kerala State Electricity Board Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10527 of 2015 (M) -------------------------------------- PETITIONER:

-------------------------- V.S.SUNIL KUMAR S/O. V.K. SREEDHARAN PROPRIETOR M/S. OCEAN TRUST TRADING COMPANY P.B. NO. 892, R.K. PILLAI ROAD CHULLIKKAL, COCHIN ERNAKULAM, PIN - 682 005 BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD LTD.

VYDHYUDHIBHAVANAM PATTAM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY - 695 001 2.

THE ASSISTANT EXECUTIVE ENGINEER (ANTI POWER THEFT SQUAD) KERALA STATE ELECTRICITY BOARD LTD ERNAKULAM - 687 031 3.

THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, THOPPUMPADY ERNAKULAM - 687 006 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10527 of 2015 (M) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE PERMIT BEARING NO. E/35/2013 DATED 21.02.2013 ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS P1(a) : COPY OF THE STABILITY CERTIFICATE DATED 21.01.2015 P2 :

COPY OF THE ONLINE REGISTRATION FOR THE USE OF CONSENT MANAGEMENT & MONITORING SYSTEM OF THE KERALA STATE POLLUTION CONTROL BOARD ALONG WITH THE APPLICATION FORM P3 :

COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P. (C) 13283/2008 DATED 18.04.2008 P4 :

COPY OF THE ORDER DATED 01.09.2008 PASSED BY THE REGULATORY COMMISSION P5:

COPY OF THE MAHAZER DATED 06.02.2015 P6:

COPY OF THE NOTICE DATED 10.02.2015 P6(a) COPY OF THE PROVISIONAL INVOICE DATED 09.02.2015 ALONG WITH CALCULATION STATEMENT P7:

COPY OF THE DETAILED OBJECTION DATED 12.02.2015 SUBMITTED BY THE PETITIONER P8:

COPY OF THE ADDITIONAL OBJECTION DATED 2.3.2015 SUBMITTED BY THE PETITIONER P9:

COPY OF THE PROCEEDINGS DATED 07.03.2015 ON THE BASIS OF HEARING CONDUCTED ON 02.03.2015 ISSUED BY THE THIRD RESPONDENT P9(a): COPY OF THE COVERING LETTER BEARING NO. BB/TPDY/INSPN/201415/127 DATED 09.03.2015 P10:

COPY OF THE FINAL PENAL BILL DATED 09.03.2015 DEMANDING RS. 17,94,723 P11:

COPY OF PENAL BILL DATED 11.03.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 10527 OF 2015 ---------------------------------------- Dated this the 31st day of March, 2015

JUDGMENT

Two allegations are held against the petitioner and they are as follows:- i) No processing of fish was seen in the premises which was used as a freezer alone.

ii) One phase of the electricity meter was not recording the electricity energy properly.

2.

This cannot be termed as an incorrect application of tarrif by the licensee as to call in aid Regulation 152 of the Kerala Electricity Supply Code, 2014. The petitioner can as well challenge Ext. P9 proceedings in appeal under Section 127 of the Electricity Act. Whether Regulation 152 of the Kerala Electricity Supply Code, 2014 applies or not itself can be considered in the statutory appeal when raised. The coercive steps as against the petitioner shall be put on hold for a period

W.P.(C). NO. 10527 OF 2015 2 of two weeks to enable the petitioner to pursue his statutory remedy.

The writ petition is disposed of without prejudice to the right of the petitioner as above.

V. CHITAMBARESH JUDGE