P.A.Karuppan v. Kse Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WP(C).No. 38613 of 2010 (B) ---------------------------- PETITIONER(S):
-------------------------- P.A.KARUPPAN, AGED 84 YEARS, S/O.APPY, PATTARUKADAVIL, KOTHERI ROAD VADUTHALA, KOCHI-23.
BY ADVS.SRI.SANTHOSH G. PRABHU SMT.N.U.DEEPA RESPONDENT(S):
----------------------------
1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.
2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, VADUTHALA, KOCHI-682 012. R1&R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R1&R2 BY ADV. SMT.P.K.RADHIKA-KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.38613/2010 APPENDIX PETITIONER'S EXHIBITS:
P1:
COPY OF THE DEMAND NOTICE DATED 21.12.2010 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER P2:
COPY OF COVERING LETTER DATED 21.12.2010 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER P3:
COPY OF THE RECEIPT DATED 22.12.2010 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER'S P4:
COPY OF THE OBJECTION DATED 22.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P5:
COPY OF THE COMPLAINT DATED 07.10.2009 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR ELECTRICITY P6:
COPY OF THE COMPLAINT DATED 07.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER OF ELECTRICITY P7:
COPY OF THE DEMAND NOTICE DATED 06.11.2010 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT .
RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE JV
ANIL K. NARENDRAN, J.
------------------------------- W.P.(C) No.38613 of 2010 ---------------------------------------------- Dated this the 22nd day of May, 2015
JUDGMENT
The petitioner is a domestic consumer under the 2nd respondent with Consumer No.10474/05. The petitioner was issued with Ext.P1 demand notice dated 21.12.2010 demanding a sum of Rs..95,826/- towards energy charges on the allegation that in a surprise inspection conducted at the petitioner's residential building on 21.12.2010, theft of electric energy was detected. Ext.P1 demand notice was forwarded to the petitioner alongwith Ext.P2 covering letter of the 2nd respondent. On 22.12.2010, the petitioner paid a sum of Rs.16,000/- under protest to restore the electric connection, vide Ext.P3 receipt and submitted Ext.P4 objection against the assessment made in Ext.P1 demand notice.
2. The petitioner has filed this writ petition seeking a writ of mandamus commanding the 2nd respondent to consider and pass orders on Ext.P4 objection within a time frame fixed by this Court and also seeking a writ of mandamus commanding the 2nd respondent to restore the power supply to his residential
W.P.(C) No.38613/2010 premises with Consumer No.10474/05 forthwith.
3. By order dated 23.12.2010, this Court ordered that in case, the petitioner pays half the amount payable under Ext.P1 alongwith reconnection charges, the respondents shall reconnect the electric connection to the petitioner's premises and that, within one month from the date of reconnection, the petitioner shall pay the balance amount due as per Ext.P1.
4. Today, when the case was taken up for final hearing, there was no representation for the petitioner. Adv.P.Radhika, Standing Counsel for the Board, entered appearance for the respondents.
In view of the interim order dated 23.10.2010, this writ petition is disposed of making that order absolute. If Ext.P4 objection filed by the petitioner is still pending consideration, the 2nd respondent shall dispose of the the same, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment, with notice to the petitioner.
Sd/- ANIL K. NARENDRAN, JV JUDGE