IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WA.No. 104 of 2010 ------------------------- AGAINST THE JUDGEMENT IN WPC.28675/2009 Dated 25/11/2009 .................... APPELLANT/PETITIONER: ------------------------------------ E.MOHAMMED THAHA, CHAIRMAN,P.A.AZIZ,COLLEGE OF ENGINEERING AND TECHNOLOGY,KARAKULAM,THIRUVANANTHAPURAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. K.S.E.B.,REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN,THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, (DISTRIBUTION-SOUTH),POWER HOUSE, KSEB,THIRUVANANTHAPURAM. 3. ASSISTANT ENGINEER, KSEB,ELECTRICAL SECTION, PEROORKADA,THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER, K.S.E.B.,ELECTRICAL DIVISION, POWER HOUSE,THIRUVANANTHAPURAM. BY STANDIG COUNSEL SRI.C.K.KARUNAKARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 104 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. The petitioner/appellant an educational institution, aggrieved by the action of the Kerala State Electricity Board imposing penalty for the alleged unauthorised use of electricity, approached the learned Single Judge by filing WP(C) No.28675 of 2009. 2. Finding that the appellant has got remedy of statutory appeal under Section 127 of the Electricity Act, the learned Single Judge declined to interfere with the impugned order. It is clear from the records that initially appellant had obtained temporary electricity connection for the purpose of construction of building for the College and even after the construction and functioning of the College it is alleged that they have installed generators and on inspection by the officials of the Board it was found that the appellant was unauthorisedly using electricity which was given for the purpose of construction of WA No.104 of 2010 -:2:- building, by using change over switch for change over electricity from the Electricity Board line and the generator and as such on the report of the officers of the Board, the impugned penalty has been imposed. The question whether there is misuse or unauthorised use of electricity is a technical matter and as rightly held by the learned Single Judge, in our view, has to be considered by the appellate authority constituted under the Electricity Act. As such, we find no merit in the appeal and the appeal is rejected. S.R. Bannurmath, Chief Justice. Thottathil B. Radhakrishnan, Judge. ttb WA No.104 of 2010 -:3:-