High Court Kerala High Court

Hussain vs Kerala State Electricity Board on 8 December, 2009

Kerala High Court
Hussain vs Kerala State Electricity Board on 8 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35373 of 2009(N)


1. HUSSAIN, VAISYANADAM,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. EXECUTIVE ENTINEER, ELECTRICAL

3. ASSISTANT EXECUTIVE ENGINEER,

4. ASSISTANT ENGINEER, ELECTRICAL

                For Petitioner  :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :08/12/2009

 O R D E R
                            S.SIRI JAGAN, J.

                      ==================

                       W.P.(C).No. 35373 of 2009

                      ==================

               Dated this the 8th day of December, 2009

                            J U D G M E N T

On the allegation that the petitioner has put his electricity

connection to improper use by using the electricity supply given for

domestic use for manufacture of doors and windows for his newly

proposed house, proceedings have been initiated by issuing Ext.P3 to

disconnect the power supply. The petitioner is challenging the same.

Ext.P4 penal bill has also been issued to the petitioner in this regard.

The petitioner submits that the proceedings have been initiated on the

ground that the petitioner had been using the same for six months,

whereas the petitioner had used the same only intermittently for nine

days. The petitioner challenges Exts.P3 and P4 in this writ petition.

2. The learned Standing Counsel appearing for the Electricity

Board points out that as is made expressly clear in Ext.P9 reply to the

petitioner’s representation in this matter, supply was disconnected for

safety reasons also and since the petitioner admits that supply has

been used for purposes other than for which it was granted, Exts.P3

and P4 cannot be faulted.

3. I am of opinion that the action taken by the respondents

was too harsh in the facts and circumstances of the case. Therefore,

they are bound to reconsider the same. Accordingly, this writ petition

is disposed of as follows:

w.p.c.35373/09 2

The petitioner shall file a detailed representation in this regard

within two weeks. The 4th respondent shall reconsider the matter in its

right spirit taking into account the above observations and pass

appropriate orders expeditiously. In the meanwhile, the petitioner shall

pay Rs.5000/-. Immediately on payment of the said amount, the

electricity connection shall be restored to the petitioner’s premises. I

remind the 4th respondent that the re-computation of penalty shall be

on the basis of cogent evidence regarding the period of improper use.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE

          ///True copy///




                              P.A. to Judge