IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 25063 of 2008(H) -------------------------- PETITIONER(S): --------------- K.C.CHANDRASEKHARAN, S/O.K.M.CHAMMUNNY, RESIDING AT KATHIL HOUSE, PARAKKAL CHALLA, GOVINDAPURAM.P.O, MUTHALAMADA, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- 1. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PALAKKAD. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, MUTHALAMADA, PALAKKAD. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF ORDER OF R2 DT 20.2.08. P2 COPY OF SITE MAHAZAR BY R2. P3 COPY OF ORDER OF R2 DT 10.4.08. P4 COPY OF MEMORANDUM OF APPEAL DT 7.5.08 P5 COPY OF ORDER DT 25.7.08 P6 COPY OF ORDER DT 6.8.08. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 25063 OF 2008 H ```````````````````````````````````````````````````` Dated this the 3rd day of October, 2008 J U D G M E N T Petitioner challenges Exts.P5, P6 and P2. Briefly put the case of the petitioner is as follows. Petitioner is the victim of a vendetta played by the officials of the KSEB. Ext.P1 is a penal order issued alleging theft. The alleged search and seizure was on 16.2.2008. Ext.P2 is the site mahazar. According to the petitioner, neither the petitioner nor any of the respondents was present at the time of search. Petitioner filed objection. Ext.P3 is the order passed thereon. Petitioner preferred Ext.P4 appeal. Ext.P5 is the order passed in the appeal. Petitioner is served with Ext.P6 bill. 2. I heard learned counsel for petitioner and learned standing counsel. It is submitted by the learned counsel for petitioner that the petitioner has been called upon to pay the amounts for a period of one year and it is illegal. Per contra, it is submitted by the learned standing counsel that there is WPC.25063/08 : 2 : amendment in the year 2007 and the mahazar is prepared in the year 2008. As per the amendment, it is open to the Board to levy penalty for a period of one year. In so far as the detection of the theft is in 2008, it is the amended provision in 2008 which applies in which case visiting the petitioner with penalty for one year cannot be said to be illegal. There is no merit in the contention raised by the petitioner. Learned counsel for petitioner further submits that the petitioner may be granted some instalment facility to pay off the amount. Writ petition is disposed of permitting the petitioner to pay off the balance outstanding amount due with due interest in six equal monthly instalments. The first instalment shall be paid on or before 1.11.2008 and the further instalments shall be paid on or before the first working day of the succeeding months. The Board will communicate to the petitioner the amount of instalment to be paid in terms of this judgment on or before 25.10.2008. Sd/- (K.M.JOSEPH, JUDGE) aks