IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 35373 of 2009(N) -------------------------- PETITIONER(S): --------------- HUSSAIN, VAISYANADAM, ILIPPAKULAM P.O., PALLICKAL, ALAPPUZHA DIST. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI RESPONDENT(S): 1 ---------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHA BHAVAN, THIRUVANANTHAPURAM. 2. EXECUTIVE ENTINEER, ELECTRICAL MAJOR SECTION, MAVELIKKARA. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KAYAMKULAM. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, KRISHNAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 35373 of 2009 ================== Dated this the 8th day of December, 2009 J U D G M E N T On the allegation that the petitioner has put his electricity connection to improper use by using the electricity supply given for domestic use for manufacture of doors and windows for his newly proposed house, proceedings have been initiated by issuing Ext.P3 to disconnect the power supply. The petitioner is challenging the same. Ext.P4 penal bill has also been issued to the petitioner in this regard. The petitioner submits that the proceedings have been initiated on the ground that the petitioner had been using the same for six months, whereas the petitioner had used the same only intermittently for nine days. The petitioner challenges Exts.P3 and P4 in this writ petition. 2. The learned Standing Counsel appearing for the Electricity Board points out that as is made expressly clear in Ext.P9 reply to the petitioner's representation in this matter, supply was disconnected for safety reasons also and since the petitioner admits that supply has been used for purposes other than for which it was granted, Exts.P3 and P4 cannot be faulted. 3. I am of opinion that the action taken by the respondents was too harsh in the facts and circumstances of the case. Therefore, they are bound to reconsider the same. Accordingly, this writ petition is disposed of as follows: w.p.c.35373/09 2 The petitioner shall file a detailed representation in this regard within two weeks. The 4th respondent shall reconsider the matter in its right spirit taking into account the above observations and pass appropriate orders expeditiously. In the meanwhile, the petitioner shall pay Rs.5000/-. Immediately on payment of the said amount, the electricity connection shall be restored to the petitioner's premises. I remind the 4th respondent that the re-computation of penalty shall be on the basis of cogent evidence regarding the period of improper use. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge