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High Court of KeralaWP(C)/37584/2010disposed of

K.J. Antony v. Kerala State Electricity Board

2015-07-01Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 37584 of 2010 (W) ---------------------------- PETITIONER(S):

---------------- ANTONY.K.J, KURUSINKAL HOUSE, UDYOGAMANGAL P.O., ELOOR SOUTH, ERNAKULAM.

BY ADV. SRI.S.RAMESH BABU RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM TRIVANDRUM - 695 001

2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE PERUMBAVOOR - 683 542

3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION ELOOR - 682 306 R,R1-3 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R, BY ADV. SMT.P.K.RADHIKA, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.37584 OF 2010 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE LICENCE DATED 10.6.2009 ISSUED BY THE PANCHAYAT.

EXHIBIT P2 :

TRUE COPY OF THE MAHAZAR IN RESPECT OF CONSUMER NO.9302.

EXHIBIT P2(a) :

TRUE COPY OF THE MAHAZAR IN RESPECT OF CONSUMER NO.4452.

EXHIBIT P3 :

TRUE COPY OF THE COMMUNICATION DATED 18.9.2009 ISSUED TO THE PETITIONER IN RESPECT OF CONSUMER NO.9302.

EXHIBIT P3(a) :

TRUE COPY OF THE COMMUNICATION DATED 18.9.2009 ISSUED TO THE PETITIONER IN RESPECT OF CONSUMER NO.4452.

EXHIBIT P4 :

TRUE COPY OF THE PROVISIONAL INVOICE IN RESPECT OF CONSUMER NO.9302.

EXHIBIT P4(a) :

TRUE COPY OF THE PROVISIONAL INVOICE IN RESPECT OF CONSUMER NO.4452.

EXHIBIT P5 :

TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN RESPECT OF CONSUMER NO.9302.

EXHIBIT P5(a) :

TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN RESPECT OF CONSUMER NO.4452 EXHIBIT P6 :

TRUE COPY OF THE ORDER DATED 9.10.2009 ISSUED BY THE THIRD RESPONDENT IN RESPECT OF CONSUMER NO.4452. EXHIBIT P6 (a) :

TRUE COPY OF THE ORDER DATED 9.10.2009 ISSUED BY THE THIRD RESPONDENT IN RESPECT OF CONSUMER NO.9302 EXHIBIT P7 :

TRUE COPY OF THE MEMORANDUM OF APPEAL FILED IN RESPECT OF CONSUMER NO.9302 EXHIBIT P7(a) :

TRUE COPY OF THE MEMORANDUM OF APPEAL FILED IN RESPECT OF CONSUMER NO.4452 EXHIBIT P8 :

TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT IN RESPECT OF CONSUMER NO.9302.

EXHIBIT P8(a) :

TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT IN RESPECT OF CONSUMER NO.4452 RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.37584 of 2010 --------------------- Dated this the 1st day of July, 2015

J U D G M E N T

The surprise inspection conducted on 17.9.2009 revealed that the petitioner was conducting a lamination unit in one of the rooms of the residential house. The authorities cannot be found fault with for imposing penalty on the petitioner limited to a period of 12 months prior to the inspection. That is the course warranted under Section 126(5) of the Electricity Act, 2003. The mere fact that the petitioner obtained a licence from the Corporation much later on 10.6.2009 is of no avail. Both the authorities have concurrently found that the petitioner was conducting the lamination unit even before a licence was obtained from the Corporation.

2. It was also conceded that the petitioner had used the out-house for storing the machine earlier. The finding that the out-house was used as a godown cannot also be dislodged in view of its admitted user at an earlier point of time. I do feel that the tariff is LT-VI C since a lamination unit does not fall under LT-VII A. The tariff applicable is LT-VIC when the

W.P.(C) No.37584 of 2010 activity does not fall under any other LT categories as per the tariff regulations.

3. I modify Exts.P6, P6(a), P8 and P8(a) orders to the extent indicated above. The third respondent shall issue revised invoice to the petitioner applying tariff LT-VI C while assessing the penalty on the petitioner. Orders in this regard shall be passed within a period of one month from today. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.