High Court of KeralaWP(C)/25327/2009disposed of

P.K.Musthaffa v. Kseb

2015-06-15Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 WP(C).No. 25327 of 2009 (I) -------------------------------------- PETITIONER:

-------------------------- P.K.MUSTHAFFA, AGED 36, S/O.KUNJABDULLA, BLUELINE INDUSTRIES, VI/190, INDUSTRIAL DEVELOPMENT PLOT, ANGAMALY SOUTH - 683 573.

BY ADV. SMT.SADHANA KUMARI ESWARI RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE ASSISTANT ENGINEER ELECTRICAL SECTION, ANGAMALI.

2. KERALA STATE ELECTRICITY REGULATORY COMMISSION, VIDYATT BHAVAN, PATTOM TRIVANDRUM, REPRESENTED BY ITS CHAIRMAN.

R1 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R2 BY ADVS. SMT.SREEDEVI KYLASANATH, SC, KSER COMMISSION. SRI.P.NANDAKUMAR,SC,KSEB REGULATORY COM SRI.S.SREEKUMAR,SC,KSERC SRI.ANEESH JAMES,SC,KSEB REGULATORY COMMISSION SRI.S.SUJIN, SC, ELECTRICITY REGULATORY COMMISSION R1- R2 BY ADV. SMT.P.K.RADHIKA-KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25327 of 2009 (I) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 & P2 :

COPY OF THE DEMAND NOTICE AND COPY OF THE SITE MAHASAR P3 :

COPY OF THE OBJECTION DATED 6.5.2009 P4 :

COPY OF THE ORDER DATED 8.7.2009 P5:

COPY OF THE DEMAND NOTICE DATED 9.7.2009 RESPONDENT(S)' EXHIBITS:- --------------------------------------- R4(a): TRUE COPY OF RELEVANT PART OF SCHEDULE OF TARIFF AND TERMS AND CONDITIONS FOR RETAIL SUPPLY BY KSEB DATED 27.11.2007 R4(b) & R4(c): TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) NO. 5/2005/PD DATED 3.3.2005 AND TRUE COPY OF THE LETTER OF THE COMMISSION DATED 29.11.2006 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 25327 OF 2009 ---------------------------------------- Dated this the 15th day of June, 2015

JUDGMENT

It is now settled law that penal assessment can be on the basis of fixed charges as well as energy charges. The decision in Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) and Another v. Sri. Seetaram Rice Mill [(2012) 2 SCC 108] is on the point. The petitioner has however a case that no appellate authority has been legally constituted.

An appellate authority in terms of Section 127 of the Electricity Act, 2003 is now constituted. This is pursuant to the decision in Mohammed Haji v. Kerala State Electricity Board [2014(3) KLT 706]. The petitioner is free to impugn Ext. P4 order in the appeal.

Any appeal filed within one month from today shall be dealt with within three months therefrom. The amounts if any deposited pursuant to the interim order in this writ petition shall be given credit to for deciding the statutory deposit. The coercive steps against the petitioner shall be put on hold for a period of four months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE