IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21064 of 2009(C)
1. DR.K.MOOSA,
... Petitioner
Vs
1. THE ASSISTANT ENGINEER,
... Respondent
2. THE DEPUTY CHIEF ENGINEER(APPELLATE
3. THE SENIOR SUPERINTENDENT
For Petitioner :SRI.P.R.SREEJITH
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/07/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.21064 OF 2009
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Dated this the 27th day of July, 2009.
JUDGMENT
Petitioner is a Doctor by profession running a hospital
with an X-ray unit.
2. It is stated that the hospital was inspected on
21.2.2009 and according to the respondents they found
unauthorized additional load of 33 KV. Based on that
assessment, dues from the petitioner were assessed and
Ext.P1 order was passed, confirming the liability.
3. Aggrieved by Ext.P1, the petitioner filed Ext.P2
appeal before the 2nd respondent, remitting 50% of the
amount demanded, in terms of Section 127 of the Electricity
Act, 2003. The appeal is pending. For the subsequent
period, based on Ext.P1 assessment, petitioner was issued
Ext.P4 bill and that was paid as per Ext.P5. Now the
petitioner has given Ext.P6 bill for the period subsequent to
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Ext.P4, again based on Ext.P1 order and also claiming the
balance amount demanded in Ext.P1 order, 50% of which had
already remitted by the petitioner, at the time when Ext.P2
appeal was filed.
4. Counsel for the petitioner contends that, having regard
to the pendency of Ext.P2 appeal and the remittance of 50%
that petitioner has already made, he ought to have been
billed as done, prior to Ext.P1.
5. Admittedly, the appeal filed by the petitioner is
pending. His liability to pay the amount demanded as per
Ext.P1 will depend upon the orders to be passed by the 2nd
respondent. In the meanwhile, the respondent could not have
demanded the balance amount due under Ext.P1, as has done
in Ext.P6. There is force in the submission made by the
counsel for the petitioner that, during the pendency of the
appeal the petitioner should not be made liable to pay the
entire amount, that is due under Ext.P1, for the subsequent
period also.
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6. Taking into account the submissions made by both
sides, I dispose of this writ petition with the following
directions.
7. The 2nd respondent, before whom Ext.P2 appeal filed
by the petitioner is pending, shall consider the appeal with
notice to the petitioner and pass final orders in the matter, as
expeditiously as possible and at any rate within 8 weeks from
the date of production of a copy of the judgment. In the
meanwhile, until orders are passed on Ext.P2 appeal, the
petitioner shall pay towards the bills an amount of
Rs.25,000/- on a provisional basis and the payment of
balance amount will depend upon the outcome of the appeal.
It is also made clear that the payment made by the petitioner
as per Ext.P5, will also subject to the outcome of the appeal.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.21064/09 4