IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2230 of 2009()
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
2. THE DEPUTY CHIEF ENGINEER (APTS),
3. THE ASSISTANT ENGINEER,
4. THE ASSISTANT ENGINEER (APTS),
Vs
1. ABDUL AZEEZ,
... Respondent
For Petitioner :SRI.C.K.KARUNAKARAN, SC FOR KSEB
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :04/11/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A. No. 2230 OF 2009
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Dated this the 4th day of November, 2009
JUDGMENT
S.R.Bannurmath, C.J.
Aggrieved by the order of the learned Single Judge
allowing the Writ Petition and quashing Exts.P2, P5 and P6
demand notices made by the appellant Kerala State
Electricity Board, the present appeal is filed.
2. The Writ Petitioner is a consumer of the electricity
and it is alleged that on 09.05.03, when the Anti Power Theft
Squad of the appellant Board inspected the premises noticed
that there is no proper recording of the electricity consumed
and as such, issued a demand bill to the tune of
Rs.2,13,759/-. Aggrieved by the same when the consumer
approached this Court, by Ext.P4 judgment this Court
directed expeditious disposal of the statutory appeal filed by
the consumer. Ultimately, the appeal came to be rejected. It
is in these circumstances the consumer was forced to
approach this Court once again.
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3. It is to be noted that there was no allegation of theft of
energy or tampering of the meter by the consumer. Only
because of two of the three phases were not recording properly,
the Electricity Board has made the demand. Noting the fact that
it was the duty of the Board itself to check the meter regularly
and find out whether the entire consumption is recorded properly
or not, and in the absence of any fault or illegal use of the
electricity by the appellant, rightly, in our view, the learned
Single Judge has held that the consumer cannot be penalised.
We find absolutely no merit in the contention raised before
this Court by the Board. Hence, affirming the judgment of the
learned Single Judge, the Writ Appeal is dismissed.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb
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