Shameer A.A. v. Kerala State Electricity Board Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 19220 of 2015 (B) ---------------------------- PETITIONER(S):

----------------- SHAMEER A.A., AGED 38 YEARS S/O.ABDULLAKUTTY, PP VI/878, ALANGAYI HOUSE PROPRIETOR, SONIA FURNITURE AND WOOD WORKS MANATHAVADY, WAYANADU DISTRICT BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD LTD VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS SECRETARY

2. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, PANAMARAM, WAYANAD DISTRICT - 675 110

3. THE ASSISTANT EXECUTIVE ENGINEER ANTI POWER THEFT SQUAD KERALA STATE ELECTRICITY BOARD LTD., KALPETTA WAYANAD DISTRICT - 675 110 R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19220 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1:TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 18.06.2013 P2:TRUE COPY OF ORDER DATED 25.05.2015 IN IA.NO.44/2015 IN OS.NO.19/2015 PASSED BY THE MUNSIFF COURT, MANATHAVADY P3:TRUE COPY OF MAHAZAR DATED 14.11.2014 P4:TRUE COPY OF COVERING LETTER DATED 17.06.2015 FORWARDING THE SAID DISCONNECTION NOTICE P5:TRUE COPY OF DISCONNECTION NOTICE BEARING NO.BB/DC NOTICE/201516/PNRM/87 DATED 12.06.2015 P6:TRUE COPY OF THE CALCULATION SHEET SHOWING THE SPLIT UP DETAILS OF THE SAME P7:TRUE COPY OF THE OBJECTION DATED 20.06.2015 SUBMITTED BY THE PETITIONER RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.19220 of 2015 --------------------- Dated this the 26th day of June, 2015

J U D G M E N T

The charges levied for temporary extension of daily rental basis cannot be adopted for imposing penalty when unauthorised extension is detected. It has been so held in Jomy Thomas Manjooran v. KSEB [2013 (1) KLT 595] following J.D.T.Islam Orphanage committee v. The Assistant Engineer, K.S.E.B & Others [2007 (3) KLT 388]. The imposition of penalty in the instant case followed by Ext.P5 disconnection notice is therefore illegal in the light of the dictum aforequoted.

2. The order imposing penalty is quashed and the second respondent is directed to consider Ext.P7 representation put in by the petitioner for hearing. This shall be done within a period of one month on the petitioner depositing a sum of ` 50,000/- within a period of two weeks from today.

3. The electricity connection shall not be snapped pursuant to Ext.P5 disconnection notice pending

W.P (C) No.19220 of 2015 consideration of Ext.P7 representation as directed above.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.