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