IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24183 of 2011(W) -------------------------- PETITIONER(S): --------------- TATA TELE SERVICES LTD. HAVING ITS REGISTERED OFFICE AT TOWER I,10TH FLOOR JEEVAN BHARATI,124, CANNAUGHT CIRCUS, NEW DELHI AND LOCAL OFFICE AT SL PLAZA, PALARIVATTOM,KOCHI, THROUGH ITS AUTHORIZED SIGNATORY MR.BOBBY JOSEPH. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER ELECTRICAL SECTION NORTH, ALAPPUZHA 688001. 2. THE DEPUTY CHIEF ENGINEER,(APPLELLATE AUTHORITY) ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, ALAPPUZHA 688 001. 3. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY PATTOM, TRIVANDRUM 695 004. BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B. FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.24183 OF 2011 EXT.P1 TRUE COPY OF THE PROVISIONAL ASSESSMENT DATED 1.3.2010 EXT.P2 TRUE COPY OF THE ORDER DATED 1.3.2010 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 13.4.2010 EXT.P4 TRUE COPY OF THE ORDER IN APPEAL DATED 23.8.2011 ISSUED BY THE SECOND RESPONDENT. EXT.P5 TRUE COPY OF THE DEMAND DATED 16.4.2010 EXT.P6 TRUE COPY OF THE ORDER DATED 27.5.2009 OF THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P(C) No. 24183 of 2011 ------------------------------- Dated this the 6th day of September, 2011 J U D G M E N T The petitioner is a consumer of electrical energy. Pursuant to a surprise inspection conducted by the Anti Power Theft Squad of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) on 19.2.2010, Ext.P1 provisional bill was issued demanding payment of the sum of Rs.1,82,500/-. Such a bill was issued in view of the fact that the petitioner was using unauthorised connected load. Aggrieved thereby, the petitioner filed Ext.P3 appeal before the second respondent after remitting 50% of the amount demanded, i.e., the sum of Rs.91,250/- and it was rejected by Ext.P4 order dated 23.8.2011 on the ground that the petitioner has not complied with the terms and conditions of Ext.P5 Board order. The petitioner was also directed to pay the sum of Rs.91,250/- within 7 days from the date of receipt of the communication. 2. It is evident from Ext.P4 order itself that the hearing was scheduled to be held on 8.1.2011 and that the petitioner's representative did not attend the hearing. However, the appeal was dismissed only on 23.8.2011 nearly 7 months thereafter. In my opinion, on that short ground itself, Ext.P5 order is liable to be set W.P.(C) No.24183/2011 2 aside. The appellate authority did not consider the appeal on 8.1.2011, the date fixed for hearing the appeal. Instead, it waited for seven months and without issuing a further notice to the petitioner, dismissed the appeal for the appellant's non-appearance on 8.1.2011. That apart, the petitioner had paid 50% of the amount demanded for the purpose of filing the appeal. In such circumstances, I am of the opinion that the petitioner is entitled to have the appeal filed by him heard and decided on the merits. I accordingly allow the writ petition, set aside Ext.P5 order and direct the second respondent to reconsider Ext.P3 appeal and pass orders thereon after affording the petitioner an opportunity of being heard. Till such time, recovery pursuant to Ext.P2 order shall be kept in abeyance. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.24183 of 2011 JUDGMENT Dated:- 6th September, 2011 --------------------------------------