IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 OP.No. 15647 of 2001(K) ----------------------- PETITIONER(S): --------------------- M/S. MARY MATHA RUBBERS AMAYANNOOR, AYARKUNNAM, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING, PARTNER JACOB MATHEW. BY ADV. SRI.K.M.VARGHESE RESPONDENT(S): ---------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY SECRETARY. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISIONAL, PALLOM, KOTTAYAM DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, AYARKUNNAM, KOTTAYAM DISTRICT. 4. SKARIA JACOB, PULINKUNNEL, AMAYANNOOR, AYARKUNNAM, KOTTAYAM - DELETED FROM PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 21.8.09 IN I.A. NO. 10503/09. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO 3 SRI. R.K. VENU NAIR, SC KSEB SRI.P.SANTHALINGAM, SC, KSEB FOR R1TO3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 15647 of 2001(K) APPENDIX PETITIONERS EXHIBITS: EXT.P1 - COPY OF THE DEMAND NOTICE DATED 8.1.1995 ISSUED BY THE 2ND RESPONDENT. EXT.P2 - COPY OF THE APPLICATION DATED 22.11.1994 SUBMITTED TO THE 3RD RESPONDENT ON BEHALF OF CONSUMER NO. 3383. EXT.P3 - COPY OF THE DECLARATION DATED 28.12.1994 ISSUED TO THE PETITIONER FROM RAJESWARY INDUSTRIES. EXT.P4 - COPY OF THE RECEIPT DATED 2.1.1995 IN RESPECT OF ERECTION CHARGE. EXT.P5 - COPY OF COMPLETION CERTIFICATE DATED 21.1.1995 SUBMITTED BY THE PETITIONER. EXT.P6 - COPY OF THE PREMISES METER CARD FOR THE PERIOD 3.11.1994 TO 6.3.1995. EXT.P7 - COPY OF THE INVOICE DATED 13.12.1994 ISSUED FROM ELECTRICAL EXT.P8 - COPYOF THE JUDGMENT DATED 26.10.1999 IN O.P, NO. 17358 OF 1999 OF HIGH COURT OF KERALA. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... O.P. No. 15647 of 2001 ................................................. Dated this the 7th day of October, 2009 J U D G M E N T The petitioner is a consumer of electricity. On allegation of unauthorised use of electricity, Ext.P1 penalty bill for an amount of Rs.91,368/- was served on the petitioner. Appeal filed by the petitioner before the appellate authority against the demand was dismissed by Ext.P14. The petitioner is challenging Exts.P1 and P14. The original petition was filed on 21.5.2001. It appears that during the pendency of the original petition, in a complaint filed by the petitioner before the Consumer Disputes Redressel Forum, Kottayam in O.P. 75/1995, the Forum had by Ext.P15 order cancelled Ext.P1 bill. I am of opinion that as long as Ext.P15 order stands, it is not necessary to consider this writ petition on merits. Of course it is submitted before me that an appeal has been filed by the Board against Ext.P15 order before the Kerala State Consumer Disputes Redressel Commission with a petition to condone delay. The counsel for the Board is not in a position to tell me as to the result of that appeal. The counsel for the petitioner would contend that that appeal is still pending and O.P. No. 15647 of 2001 -2- is being dragged on. Whatever that be, as long as Ext.P15 order of the Forum stands, I do not think that this original petition can be considered on merits. If the Electricity Board has filed any appeal against Ext.P15 order, it is for them to pursue the same in accordance with law. But as long as Ext.P15 order stands, Ext.P1 bill cannot be enforced. With the above observation this original petition is closed. S. SIRI JAGAN, JUDGE rhs