IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 34699 of 2004(E) -------------------------- PETITIONER: ------------ K.B.AYSHA, W/O.LATE KASSIM HAJI, KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPPRA P.O., PERUMBAVOOR. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KSEB, KIZHAKKAMBALAM. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, VENGOLA. BY ADV. SRI.N.N.SUGUNAPALAN, SC, KSEB FOR 1,2,3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 ELECTRICITY BILLS FOR THE MONTHS APRIL TO OCTOBER 2004. P2 MAHAZAR DT 20.11.2004. P3 NOTICE ISSUED BY R3. P4 BILL DT 22.11.2004. P5 LETTER DT 25.11.04 TO R2. P6 RECEIPT DT 29.12.04. P7 BILL ISSUED BY R3 DT 15.12.04. P8 COMPLAINT DT 23.12.04. P9 LETTER DT 27.12.04 TO R3. P10 BILL DT 15.1.05. RESPONDENTS' EXHIBIT: R3(A) APPEAL BEFORE THE DY.CHIEF ENGINEER, APTS, TRIVANDRUM. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 34699 OF 2004 E ```````````````````````````````````````````````````` Dated this the 30th day of May, 2008 J U D G M E N T Petitioner seeks quashing of Exts.P3 and P4 and seeks a direction to the respondents to conduct testing of the meter installed at his premises by the authorities of the TMR Division as per Ext.P5 request or to refer the matter to the Electrical Inspector. The petitioner also sought direction to refrain from imposing any charges on the allegation of correctness of the meter installed at his premises till a decision is taken as aforesaid. 2. The case of the petitioner in brief is as follows. The petitioner is a consumer of electrical energy under the 3rd respondent. APTS conducted an inspection on 22.11.2004 and prepared Ext.P2 mahazar. The petitioner was issued Ext.P4 bill dated 22.11.2004 for Rs.6,84,762/-. The short point raised by the petitioner is that having regard to the contents of the mahazar, it is clear that the meter was faulty. WPC.34699/04 : 2 : Any bill on the said basis could have been issued only on the basis of the decision taken by the Electrical Inspector. The petitioner relies on the Division Bench judgment in WA.1837/05. 3. In the mahazar what is stated is that one of the phases is not working. It is stated that seals are intact. It is also stated that connected load is not exceeded. 4. I have heard the learned counsel for the petitioner and the learned standing counsel. 5. Having considered the facts of the case and having gone through the judgment of the Division Bench, the case of the petitioner requires to be answered in favour of the petitioner in the light of the Division Bench judgment. The meter has not been removed. It is clear that it is a case where the bill could have been raised against the petitioner only on the basis of a decision taken by the Electrical Inspector. In fact, as long as there is no decision by the Electrical Inspector in the matter under section 26(6) of the WPC.34699/04 : 3 : Electricity Act, it is clear that the petitioner cannot be called upon as demanded in Exts.P3 and P4. 6. The writ petition is accordingly allowed and Exts.P3 and P4 are quashed. There will be a direction to refer the matter to the Electrical Inspector and the Electrical Inspector will take a decision in accordance with law as contemplated in section 26(6) of the Act, within a period of two months from the date of receipt of the reference. It is pointed out that Rs.25,000/- has been paid as per interim order. The said amount will be adjusted depending on the decision of the Electrical Inspector. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE