High Court of KeralaWP(C)/27565/2011disposed of

T.M.Khadeeja v. The Kerala State Electiricity Board

2015-01-07Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 27565 of 2011 (U) ------------------------------------ PETITIONER:

-------------------------- T.M.KHADEEJA, W/O. MAMMU HAJI, AGED 55, EDAVALATH HOUSE, PARAKKADAVU AMSOM DESOM, PARAKKADAVU VEVOM POST, VADAKARA TALUK KOZHIKODE-673 509.

BY ADVS.SRI.SRINATH GIRISH SRI.E.NARAYANAN RESPONDENTS:

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

1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM-695 004.

2. THE DEPUTY CHIEF ENGINEER, KOZHIKODE ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, GANDHI ROAD KOZHIKODE-673 011.

3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY, BOARD NADAKKAVU, KOZHIKODE-673 032.

BY ADVS. SRI.T.R.RAJAN, SC, K.S.E.B.

SMT.P.K.RADHIKA, SC, K.S.E.B.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27565 of 2011 (U) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 : TRUE COPY OF THE PROVISIONAL PENAL BILL DTD.23.3.2011 ISSUED BY THE ASSISTANT ENGINEER, ELECTRICAL SECTION, NADAKKAVU, KOZHIKODE.

EXT.P2 : TRUE COPY OF THE ORDER DTD.4.5.2011 PASSED BY THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, NADAKKAVU, KOZHIKODE. EXT.P3 : TRUE COPY OF THE FINAL PENAL BILL DTD.5.5.2011 ISSUED BY THE ASST.ENGINEER, ELECTRICAL SECTION, NADAKKAVU, KOZHIKODE. EXT.P4 : TRUE COPY OF THE APPEAL MEMORANDUM DTD.2.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY CHIEF ENGINEER, KOZHIKODE ELECTRICAL CIRCLE.

EXT.P5 : TRUE COPY OF THE ORDER DTD.14.9.11 PASSED BY THE DEPUTY CHIEF ENGINEER, KOZHIKODE ELECTRICAL CIRCLE.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 27565 OF 2011 ---------------------------------------- Dated this the 07th day of January, 2015

JUDGMENT

It its trite law that an assessment under Section 126 of the Electricity Act, 2003 can be on the basis of not only fixed charges but also proportionate energy charges. A reference to the decision in Sitharama Rice Mill, Jaypore Executive Engineer v. Executive Engineer [2011 KHC 2207] is apposite. Therefore the only contention urged in the writ petition by the petitioner falls to the ground. 2.

The petitioner is stated to have paid one half of the amount demanded while filing Ext. P4 statutory appeal. The balance amount with interest shall be paid in four equal monthly instalments starting from 02.02.2015. The respondents are at liberty to initiate coercive steps against the petitioner if any one of the instalments are defaulted. The writ petition is disposed of.

V. CHITAMBARESH JUDGE