IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29048 of 2007(G)
1. BHARATH SANCHAR NIGAM LTD.,
... Petitioner
Vs
1. EXECUTIVE ENGINEER,
... Respondent
2. ASSISTANT ENGINEER (ELECTRICAL MAJOR
3. ASSISTANT ENGINEER,
For Petitioner :SRI.C.S.RAMANATHAN, SC, BSNL
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :10/12/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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WP(C) No. 29048 of 2007
---------------------------------
Dated, this the 10th day of December, 2007
J U D G M E N T
This writ petition is filed against disconnection of electricity
supply to the telephone exchange operated by BSNL. Pursuant to
interim order issued by this Court, learned standing counsel
produced the order issued by the Assistant Engineer finalising the
proposed demand issued based on the findings of APTS during their
inspection. If the allegation that one phase of the meter was not
working is correct, then the proposed additional bill is justified.
However, learned counsel for the petitioner submits that even after
connecting all the phases, the bills are the same as received by the
BSNL for the period prior to detection of the problem by APTS. If
the bill amount is the same, even after replacement of the meter
after inspection, then petitioner’s denial of allegation that one phase
of the meter was not working may be true. In the circumstances,
and since appeal is provided under Section 127 against the bill so
finalised by the Assistant Engineer, this writ petition is disposed of
directing the petitioner to file appeal before the Deputy Chief
Engineer, Electrical Circle, Thiruvananthapuram (Urban) within a
period of one month from the date of receipt of a copy of this
WP(C) No. 29048/2007
-2-
judgment. If appeal is filed, the Deputy Chief Engineer will call for
the subsequent bills after replacement of the meter and verify the
genuineness of the allegation and pass appropriate orders. The
Deputy Chief Engineer should pass interim orders regarding the
amount payable by the petitioner under the disputed bill for
maintainability of appeal and for stay within a period of two weeks
from the date of filing of appeal. The appeal also should be
disposed of without any delay. Interim orders against disconnection
of electricity supply will continue for a period of two months from
now. In between, the Deputy Chief Engineer should have passed
interim orders for payment or final orders in the appeal. Recovery
or disconnection will be made only if petitioner commits default in
making payment in terms of the Deputy Chief Engineer’s order.
Since Deputy Chief Engineer is given freedom to fix the amount
payable by the petitioner, there will be direction to the Deputy Chief
Engineer not to insist on payment of more than 50% as a condition
for maintainability of appeal. In other words, it is for him to fix the
amount payable after examining the correctness of the matter,
prima facie.
(C.N.RAMACHANDRAN NAIR, JUDGE)
jg