IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 6618 of 2010(B) ------------------------- PETITIONER: --------------- L.K.PRABHU, KRISHNA VIHAR RESIDENCY, TD WEST SANNIDHI ROAD, ERNAKULAM. BY ADV. SRI.R.AZAD BABU RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM PALACE, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ERNAKULAM. 3. ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,(CENTRAL), KERALA STATE ELECTRICITY BOARD, ERNAKULAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT WHEN THE MATTER CAME UP FOR CONSIDERATION BEFORE THIS COURT ON 27.5.2010, THERE WAS NO REPRESENTATION FOR THE PETITIONER. TODAY ALSO THE POSITION IS NOT DIFFERENT AND THERE IS NO REPRESENTATION. IT APPEARS THAT THE PETITIONER IS NOT INTERESTED IN PROCEEDING WITH THE MATTER. HENCE THE WRIT PETITION IS DISMISED FOR DEFAULT. SD/- P.R.RAMACHANDRA MENON JUDGE //TRUE COPY// P.A TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 6618 OF 2010 -------------------------- Dated this the 17th day of January, 2011 J U D G M E N T The petitioner is the owner of a residential building consisting of two floors. Each floors has a separate electricity connection. After a surprise inspection conducted on 2.2.2007, the third respondent issued a provisional invoice levying energy charges at the rate applicable to LT VII category. This was for the reason that the petitioner had let out the upstair portion of the building for commercial use and was collecting rent on a daily basis. The petitioner appealed against the said decision by filing Ext.P2 appeal. The appellate authority allowed the appeal in part and directed that as the petitioner has let out the first floor of the building on monthly rent from 1.6.2009, the connection to the first floor will be treated as LT 1A category from that day onwards. Ext.P3 to the extent it treats the electricity connection to the first floor of the residential building as a commercial connection from 2.2.2007 to 31.5.2009 is under challenge in this writ petition. 2. The petitioner does not dispute the fact that he had let out the first floor of the building to a tenant only from 1.6.2009. He has WPC No.6618/2010 2 however not produced any document to prove that the first floor of the building was being let out on monthly rent and was not being used as home stay prior to 31.5.2009. The only contention raised in Ext.P2 appeal memorandum is that the Board has not given the petitioner an opportunity of being heard and has also not informed the petitioner of the basis on which the demand in Ext.P1 was raised. The officers of the Board had on inspection noticed that the first floor of the building was being let out on daily rent as home stay. Such use is admittedly commercial use. In such circumstances, in the absence of any documentary evidence to show that the first floor of the apartment had been let out on monthly rent to tenants and was not let out for commercial purposes before 31.5.2009, I find no grounds to interfere with Ext.P3. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.6618/2010 3 WPC No.6618/2010 4