High Court of KeralaWP(C)/23332/2012disposed of

Deepak Mohandas v. Kseb

2015-07-06Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 23332 of 2012 (N) ---------------------------- PETITIONER:

------------------ DEEPAK MOHANDAS, MANAGING DIRECTOR, WHITEFIELD DIARY (P) LTD. HAVING ITS ADMINISTRATIVE OFFICE AT 14/805, BYEPASS ROAD, PATHEERANKAVU P.O, KOZHIKODE.

BY ADVS.SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD (KSEB) VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM PIN 695 004.

2. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, KOZHIKODE, PIN 673 027.

3. SUB ENGINEER IN CHARGE PANTHEERANKAVU, KOZHIKODE, PIN 673 005.

4. THE ASST. ENGINEER, KSEB, PANTHEERANKAVU, KOZHIKODE PIN 673 005.

BY ADV. SRI.P.SANTHALINGAM (SR.) BY ADV. SRI.S.SHARAN,SC,K.S.E.BOARD BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 23332/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROVISIONAL PENAL BILL DATED 30.07.2012 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P1(a) TRUE COPY OF THE NOTICE NO.BB/P.K.V/SECTION2/2012-13 ISSUED ALONG WITH THE PROVISIONAL PENAL BILL DATED 30.07.2012. EXHIBIT P2 TRUE COPY OF THE WRITTEN OBJECTIONS DATED 4.8.2012 FILED BY PETITIONER.

EXHIBIT P2(a) TRUE COPY OF THE WRITTEN REPRESENTATION FILED BY PETITIONER. EXHIBIT P2(b) TRUE COPY OF THE LETTER DATED 10.03.2012. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14.09.2012.

EXHIBIT P3(a) TRUE COPY OF THE FINAL BILL DATED 14.09.2012. EXHIBIT P4.

TRUE COPY OF THE JUDGMENT DATED 13.12.2011 IN WPC NO.8614 OF 2005.

EXHIBIT P5.

TRUE COPY OF THE JUDGMENT DATED 10.4.2012 IN WPC NO.7903 OF 2007.

EXHIBIT P6.

TRUE COPY OF THE INTERIM ORDER DATED 18.2.2009. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 23332 OF 2012 ------------------------------------ Dated this the 6th day of July, 2015

JUDGMENT

The penalty imposed as per Ext.P3 order accompanied by Ext.P3(a) bill is impugned. The petitioner contends that penalty for unauthorised load can be only on fixed charges and not on energy charges.

The Electricity Board points out that the issue is covered by the judgment in WP(C) No. 12068/2009. The petitioner adds that he has already paid the energy charges. The petitioner points out that assessment should have been limited to three moths rather than the period of one year. 3.

All these are matters to be considered in an appeal under Section 127 of the Electricity Act, 2003. Any appeal filed within three weeks from today shall be dealt within eight weeks therefrom. The amounts already remitted by the petitioner pursuant to the interim orders in this writ petition shall be given credit to while computing the statutory deposit. The electricity

WP(C) No. 23332/2012 connection shall not be snapped pending disposal of the appeal if any filed within the extended period.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd