V.Prakash v. The Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 25487 of 2015 (I) -------------------------------------- PETITIONER:

-------------------------- V.PRAKASH, AGED 58 YEARS S/O. VASUDEVAN, ATHIRA HOUSE KOTTACKAPURAM, CLAPPANA P.O., KARUNAGAPALLY, KOLLAM, PIN - 690 525 CONSUMER NO. 25642 OF OCHIRA ELECTRICAL SECTION BY ADVS.SRI.MATHEW SKARIA SRI.M.V.SOMARAJAN RESPONDENTS:

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

THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM - 695 004 2.

THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANATHAPURAM 695 004 3.

THE CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANATHAPURAM 695 004 4.

THE EXECUTIVE ENGINEER, ELECTRICITY DIVISION KERALA STATE ELECTRICITY BOARD, KARUNAGAPPALLY PIN - 691 518 5.

THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICITY SUB DIVISION KERALA STATE ELECTRICITY BOARD, OCHIRA PIN - 690 526 6.

THE ASSISTANT ENGINEER, ELECTRICITY SECTION KERALA STATE ELECTRICITY BOARD, OCHIRA PIN - 690 526

WP(C).No. 25487 of 2015 (I) 7.

SHAJI Y., SUB ENGINEER, ELECTRICITY SECTION KERALA STATE ELECTRICITY BOARD, OCHIRA PIN - 690 526 8.

PRADEEP, SUB ENGINEER, ELECTRICITY SECTION KERALA STATE ELECTRICITY BOARD, OCHIRA PIN - 690 526 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DCS

WP(C).No. 25487 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- EXT. P1:

COPY OF BILL NO. #723645 DATED 06.11.2012 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT EXT. P2:

COPY OF BILL NO. #1164401 DATED 04.05.2015 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT EXT. P3:

COPY OF BILL NO. #1202390 DATED 03.07.2015 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 6TH RESPONDENT EXT. P4:

COPY OF THE NEWS ITEM PUBLISHED IN KERALA KAUMUDI MALAYALAM DAILY DATED 16.07.2015 EXT.P5:

COPY OF MAHAZAR DATED 22.07.2015 PREPARED BY THE 7TH RESPONDENT EXT. P6:

COPY OF THE ORDER DATED 22.07.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER EXT. P7:

COPY OF THE ASSESSMENT ORDER DATED 22.07.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER EXT. P8:

COPY OF THE ADDITIONAL BILL DATED 22.07.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER EXT. P9:

COPY OF THE OBJECTIONS DATED 28.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT EXT. P10:

COPY OF THE ORDER DATED 06.08.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER EXT. P11:

COPY OF THE ADDITIONAL BILL DATED 06.08.2015 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER RESPONDENT'S EXHIBITS:-NIL /TRUE COPY/ P.A. TO JUDGE DCS

V.CHITAMBARESH, J.

-------------------------------------- W.P (C) No.25487 of 2015 ----------------------------------------- Dated this the 20th day of August, 2015

J U D G M E N T

Ext. P10 final assessment order followed by Ext. P11 bill issued in terms of Section 126 of the Electricity Act, 2003 are impugned. The petitioner contends that he is liable to pay charges only as per LTIV tariff since a bakery is being conducted. The respondents on the other hand maintain that the petitioner is liable to pay charges on LTVII commercial tariff and that the issue is covered by Noushad v. Kerala State Electricity Board [2015

(3) KLT 404].

2.

All these disputed questions can be adjudicated in an appeal under Section 127 of the Electricity Act, 2003. Any appeal filed within one month from today shall be dealt with within two months therefrom. The petitioner is free to apply for appropriate interim reliefs in a

WP(C)No.25487/2015 statutory appeal. The coercive steps as against the petitioner shall be put on hold for a period of one month in the circumstances.

The writ petition is disposed of.

V.CHITAMBARESH, JUDGE.

DCS.