Santhigiri Asramam vs Kerala Stte Electricity Board on 1 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37584 of 2008(Y)


1. SANTHIGIRI ASRAMAM, REGISTER NO.88/1978.
                      ...  Petitioner

                        Vs



1. KERALA STTE ELECTRICITY BOARD,
                       ...       Respondent

2. SUB ENGINEER, ELECTRICAL SECTION,

3. ASSISTANT ENGINEER, ELECTRICAL SECTION,

4. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE

                For Petitioner  :SRI.N.SUKUMARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :01/01/2009

 O R D E R
                          K. M. JOSEPH, J.
                   --------------------------------------
                   W.P.C. NO. 37584 OF 2008 Y
                   --------------------------------------
                  Dated this the 1st January, 2009

                             JUDGMENT

Petitioner challenges Exts.P3, P3(a), P6, P6(a) and P9. A

direction is sought to pass orders on Ext.P8 and not to issue

further bills like Ext.P9 before disposal of Ext.P8.

2. Case of the petitioner, in brief, is as follows:

Petitioner has a LT IV industrial connection. There was an

inspection and Ext.P2 mahazar was prepared on 18.11.2008. It is

the case of the respondents that energy intended for industrial

unit is misused for other purpose. Ext.P3 is a notice and Ext.3

(a) is a provisional penal bill for Rs.12,99,295/=. Petitioner

preferred Ext.P4 objection. Petitioner was issued with Ext.P5 for

a personal hearing. It is the case of the petitioner that no

sufficient opportunity was given and there was no personal

hearing. Thereafter, Ext.P6 order was passed under Section 126

and Ext.P6(a) bill is issued. Still later, Ext.P9 dated 9.12.2008 is

issued alleging unauthorised load. Learned standing counsel

WPC.37584/08 Y 2

points out that as against P6, petitioner can maintain an Appeal

and as against Ext.P9, petitioner can file his objections and that

can be considered and the matter finalised. Accordingly, the

Writ Petition is disposed of as follows:

Petitioner is relegated to prefer Appeal against Exts.P6 and

P6(a), necessarily after paying the amounts as payable under law

within the period of limitation. As far as Ext.P9 is concerned, it

is for the petitioner to file his objection before the third

respondent within ten days from today and the third respondent

will consider the same and take a decision thereon in accordance

with law, after affording an opportunity of hearing to the

petitioner, within one month from the date of filing the

objection. Till such time as a decision is taken, there will be no

further action taken against the petitioner pursuant to Ext.P9.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //
PS to Judge