IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 14402 of 2008(M) --------------------------------------- PETITIONER: ------------------- THOMAS JOSEPH @ TOMY, JESUS BHAVAN, KOCHACKANADU HOUSE, KONTHURUTHY, THEVARA, KOCHI-13. BY ADV. MR.T.I.DANIEL. RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, ERNAKULAM, REPRESENTED BY THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ERNAKULAM,. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, TRIVANDRUM. 3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, THEVARA DIVISION, KOCHI-13. R1 TO R3 BY MR.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14402/2008-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ELECTRICITY BILL DTD. 16/05/03 ISSUED BY THE K.S.E.B TO THE PETITIONER. EXT.P.2: COPY OF THE COMPLAINT DTD. 24/05/03 SUBMITTED BY THE PETITIONER TO THE SUPERINTENDENT OF POLICE, VIGILANCE, ERNAKULAM. EXT.P.3: COPY OF THE COMPLAINT SENT TO THE RESPONDENTS 1 AND 2 DTD. 21/02/04. EXT.P.4: COPY OF THE ELECTRICITY BILL BEARING NUMBER 153483 (DEMAND CUM DISCONNECTION NOTICE) ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.5: COPY OF THE DEMAND NOTICE DTD. 14/05/04 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.6: COPY OF THE SAID ORDER DTD. 15/07/04 IN W.P.(C).NO.20799/04 OF THIS HON'BLE COURT. EXT.P.7: COPY OF THE NOTICE ISSUED BY THE R.3. TO THE PETITIONER DTD. 26/05/05. EXT.P.8: COPY OF THE NOTICE DTD. 24/04/08 ISSUED BY THE R.3. EXT.P.9: COPY OF THE REMITTANCE BILL OF RS.3000/- DTD. 13/03/2008. EXT.P.10: COPY OF THE BILL DTD. 11/07/08 AND RECEIPT DTD. 18/07/08. EXT.P.11: COPY OF THE BILL DTD. 10/09/08 AND RECEIPT DTD. 17/09/08. EXT.P.12: COPY OF THE DEMAND NOTICE DTD. 18/10/08 ISSUED BY THE R.3. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 14402 OF 2008 (M) ===================== Dated this the 20th day of July, 2009 J U D G M E N T Petitioner is a resident of Konthuruthy area availing of supply of electrical energy with consumer No.719. Initially, he was being charged under LT IA category. It is stated that subsequently, he was issued bills applying the tariff under LT VIIA category. That was challenged before this Court in WP(C) No.20799/04, in which Ext.P6 interim order was also passed. However,subsequently, pursuant to another interim order that was passed, the Executive Engineer of the Board inspected the petitioner's premises and granted him an opportunity of personal hearing on 17/9/04 and issued order dated 27/9/04 changing the tariff from LT VIIA to LT IA w.e.f. 8/9/04. According to the Board, although initially the petitioner was being charged in LT IA subsequently, he was changed into LT VIIA for the period 11/3/04 to 20/9/04 and thereafter again the petitioner was charged under LT IA. Subsequent to the order so passed by the Executive Engineer, the petitioner was issued Exts.P7 and P8 and he was called upon to deposit an amount of Rs.28,245/-. It is challenging WPC 14402/08 :2 : these proceedings the writ petition is filed. 2. From the facts as stated above, it can be seen that the petitioner was levied LT VIIA tariff from 11/3/2004 as a result of the proceedings of the Executive Engineer dated 27/9/04. In this writ petition,although Exts.P7 and P8 are under challenge, the proceedings of the Executive Engineer are not questioned. If that be so, Exts.P7 and P8 are only consequential in nature and the petitioner cannot get any relief in this writ petition. Therefore, the relief sought for cannot be granted. At this stage, counsel for the petitioner seeks an order enabling him to pay the amount demanded in the impugned order in instalments. 3. I heard the counsel appearing for the Board, who opposed the same. However, having regard to the pendency of the writ petition before this court, the writ petition is disposed of directing that the petitioner will be permitted to pay the amount demanded as per Exts.P7 and P8 in four equal monthly instalments. It is directed that the amounts shall be paid along with energy charges that are being paid by the petitioner and if payment is made without any WPC 14402/08 :3 : default, coercive action will not be initiated and if default is committed, it will be open to the respondents to take action as is permissible in law. ANTONY DOMINIC, JUDGE Rp