IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1384 of 2009()
1. B.RAVINDRAN NAIR, PLOT NO.III,
... Petitioner
Vs
1. THE ASSISTANT SECRETARY, ELECTRICITY
... Respondent
2. THE THRISSUR CORPORATION,
For Petitioner :SRI.R.K.MURALEEDHARAN
For Respondent :SRI.K.B.MOHANDAS
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :16/07/2009
O R D E R
S.R.Bannurmath, C.J. & Kurian Joseph, J.
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W.A.No.1384 of 2009
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Dated, this the 16th day of July, 2009
JUDGMENT
Kurian Joseph, J.
Writ petitioner is the appellant. The dispute pertains to
the levy of electricity charges. The learned Single Judge relegated
the petitioner to pursue the appellate remedy. The main contention
is that the writ petition having been pending before this Court for
the last six years, it may not be proper for this Court to again
relegate the petitioner to pursue the appellate remedy.
2. When the writ appeal came up for admission, we
directed the parties to be present before us. We have gone through
the records also. We find that in the case of the petitioner there is a
marked difference in the consumption of electricity starting from
March, 1994 onwards upto September, 1996. We also find from
the records that there has been a meter change. It is not disputed
W.A.No.1384 of 2009
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that the main dispute is on the billing for the period from March,
1994 to September, 1996. We find that the records are pretty old
and it is in the interest of the Corporation also that the dispute is
given a quietus once for all. Having regard to the entire facts and
circumstances of the case, we find that the interests of the parties
and the interest of justice would be served if the quietus is given in
the following manner.
3. The disputed period takes in 31 months from March,
1994 to September, 1996. The Corporation may rework the bills in
respect of the said period by taking the average of either 31 months
prior to March, 1994 or 31 months after September, 1996. We
make it clear that it will be open to the Corporation to take the more
advantageous of the two options. This exercise shall be done by the
Corporation within a period of two weeks from today. A fresh
demand notice shall be issued to the appellant/petitioner on the
basis of such recalculation. The amounts already remitted pursuant
to the interim orders of this Court shall be duly credited. For
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the balance, the appellant/petitioner shall be liable to pay interest at
the rate of 18% with effect from September, 1996. The amount
reworked as above shall be paid within six weeks from the date of
receipt of the notice from the Corporation. We make it clear that
this is in full and final settlement of all the disputes pertaining to the
period upto 31.12.2000.
Writ appeal is disposed of as above.
S.R.Bannurmath,
Chief Justice
Kurian Joseph,
Judge
vns