IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4296 of 2010(J) ------------------------------------ PETITIONER(S): ----------------------- BHARAT PETROLEUM CORPORATION LIMITED, ERNAKULAM TERRITORY, IRIMPANAM.P.O, KOCHI-682309, REPRESENTED BY ITS TERRITORY MANAGER (RETAIL). BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM.P.O, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE (URBAN), POWER HOUSE BUILDING, THIRUVANANTHAPURAM-36. 3. THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, CANTONMENT, THIRUVANANTHAPURAM. BY ADV.SRI. P.P. THAJUDEEN SC. FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 4296 of 2010-J ---------------------------- Dated this the 10th day of February, 2010. J U D G M E N T The petitioner is challenging Ext.P5 issued by the second respondent insisting the petitioner to remit 50% of the liability, so as to entertain the statutory appeal preferred under Section 127(2) of the Electricity Act 2003. 2. The petitioner has got a specific contention that the assessment made by the concerned authority is not in conformity with the statutory prescription and further that the order passed by the said authority pertains to a period also prior to 15.6.2007, which however could not have been included for the obvious reason that the amendment of the statute ie, to Section 126 of the Electricity Act 2003 was brought into force only from 15.6.2007. It is for this reason that the petitioner has challenged the said proceedings, also seeking to declare (vide prayer No.3) that the penal provisions of the Electricity Act 2003 as amended on 15.6.2007 cannot have any retrospective operation and cannot W.P(C) No. 4296 of 2010-J 2 apply for the period prior to 15.6.2007; simultaneously seeking to declare that the petitioner is not liable to pay the amount claimed in Exts.P1 and P2. 3. Head the learned standing counsel as well. 4. Admitted facts and figures as put forth from the part of the petitioner show that the instruction to remit 50% of the disputed amount for entertaining the Appeal, as evidenced by Ext.P5, is in tune with the statutory requirement as contemplated under Section 127(2). The case of the petitioner is that the penal provisions of the Electricity Act 2003 as amended on 15.6.2007 cannot have any retrospective operation and cannot apply for the period prior to 15.6.2007. There is no case as against sub Section 2 of Section 127, whereby it is stipulated that 50% of the disputed amount has to satisfied as a pre-condition to entertain the Appeal and the statutory provision imposing such condition is also not under challenge. 5. In the above facts and circumstances, this Court does not find any sustainable reason to intercept Ext.P5 or the impugned order passed by the assessing authority. More so, when the matter has already been taken up by filing Ext.P4 appeal. If the petitioner W.P(C) No. 4296 of 2010-J 3 is so advised, they may satisfy the due amount as ordered in Ext.P5, for entertaining the appeal. Since the time stipulated is already over, it is hereby extended and on satisfying the said requirement within two weeks from the date of receipt of a copy of this judgment, Ext.P4 appeal shall be treated as proper and it shall be considered and finalised in accordance with law, of course after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months thereafter. It is made clear that this Court has not mentioned anything on merits, which is left open. The Writ Petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No. 4296 of 2010-J 4