IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 34132 of 2005(L) --------------------------------- PETITIONER: --------------- T.V.SCARIA, S/O.VARKEY, AGED 56, KAIPPANPLACKAL HOUSE, KEEZHUVANKULAM KARA, PULIYANNNOORE VILLAGE, KOZHUVANAL P.O. MEENACHIL TALUK, KOTTAYAM DISTRICT, KERALA STATE. BY ADVS. MS.K.V.RASHMI MR.JOSEPH A. VADAKEL MR.GEORGE K. VARGHESE MR.V.J. JOHN RESPONDENTS: ------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY CHIEF ENGINEER, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, VYDYUTHI BAHVANAM, PALA, KOTTAYAM DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION OFFICE, VYDYUTHI BAHVANAM, PALA, KOTTAYAM. DIST. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, PAIKA, PALA, KOTTAYAM DIST. ADVS. MR.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO 4 MR.P.P. THAJUDEEN SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34132 of 2005 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF REGULAR MONTHLY BILL FOR THE MONTH OF FEBRUARY 2005 IN RESPECT OF CONSUMER NO.683 AS PER INVOICE NO.XJ NO.59107 FOR AN AMOUNT OF RS.5,116/- ISSUED BY THE SENIOR SUPERINTENDENT OF ELECTRICAL SECTION, PAIKA. EXT.P2: COPY OF REGULAR MONTHLY BILL FOR THE MONTH OF JANUARY 2005 IN RESPECT OF CONSUMER NO.683 AS PER INVOICE NO.XJ NO.57088 FOR AN AMOUNT OF RS.4,763/- ISSUED BY THE SENIOR SUPERINTENDENT OF ELECTRICAL SECTION, PAIKA. EXT.P3: COPY OF REGULAR MONTHLY BILL FOR THE MONTH OF DECEMBER 2004 IN RESPECT OF CONSUMER NO.683 AS PER INVOICE NO.XJ NO.54589 FOR AN AMOUNT OF RS.6,419/- ISSUED BY THE SENIOR SUPERINTENDENT OF ELECTRICAL SECTION, PAIKA. EXT.P4: COPY OF LAWYER'S NOTICE DTD 23.3.3005. EXT.P5: COPY OF JUDGMENT DTD 26.9.2005 IN WP(C)NO.11142/2005 OF HON'BLE HIGH COURT OF KERALA. EXT.P6: COPY OF ORDER “NO.DB41A/05-06/PAIKA/27/17.11.05”. TRUE COPY PA TO JUDGE. ACD ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34132 of 2005 --------------------------------- Dated, this the 3rd day of July, 2009 J U D G M E N T The petitioner is the owner of a saw mill, and is availing of supply as a Low Tension consumer. It is stated that for the months of December, 2004, January, 2005 & February, 2005, by Exts.P1 to P3 bills, the respondents levied charges on the petitioner on the basis that there was unauthorised additional load. It is undisputed that during the aforesaid period, the petitioner has been charged at the rate equal to twice the tariff applicable to him as provided under Clause 42(d) of the Conditions of Supply. 2. In view of the provisions contained in Clause 42(d) of the Conditions of Supply of Electrical Energy, at the relevant time, the permissible rate was equal to 1.5 times the tariff applicable, and not twice the tariff that was applicable. If so, Ext.P1 to P3 to the extent it levies twice the tariff applicable on the petitioner is erroneous, and needs to be revised. 3. Accordingly, the writ petition is disposed of directing the WP(C) No.34132/2005 -2- respondents to revise Exts.P1 to P3 bills applying the tariff at the rate equal to 1.5 times the tariff applicable, and adjust the excess amount that is realised from the petitioner towards his future bills. Ext.P6 to the extent it affirms correctness of Exts.P1 to P3 contrary to what has already been held also will stand quashed. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg