IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 7874 of 2011(H) ------------------------- PETITIONER(S): ----------------------- PADMINI SHIVAKARAN, RELENT TECHNOLOGIES AND COMPUTER CENTRE CITY CENTRE, II ND FLOOR, BANK ROAD, KASARAGOD BY ADV. SRI.M.SASINDRAN RESPONDENT(S): ------------------------- 1. THE ASSISTANT ENGINEER, K.S.E.B.,ELECTRICAL SECTION NELLIKKUNNU, KSARAGOD 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, KASARAGOD-671121 3. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELETRICAL CIRCLE KASARAGOD-671121 4. THE KERALA STATE ELECTRICITY BOARD, VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM-695001 REP.BY ITS SECRETARY STANDING COUNSEL ADV. SRI.K.S. ANIL FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 7874 OF 2011 -------------------------- Dated this the 14th day of March, 2011 J U D G M E N T The petitioner is a consumer of electrical energy. The Anti- Power Theft Squad of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) conducted a surprise inspection of the petitioner's business premises on 3.12.2009. It was then noticed that the petitioner had taken an unauthorised extension of the power supply and was also found to be using power in excess of the allotment made to her. Ext.P1 mahazar was thereupon prepared and Ext.P2 invoice was also served on her demanding payment of the sum of Rs.1,49,247/-. The petitioner was called upon to show cause why the said provisional order and assessment should not be made absolute. The petitioner thereupon filed Ext.P3 objections raising various contentions. By Ext.P4 order passed on 8.1.2010, the Assistant Engineer made the provisional order absolute and informed the petitioner that if she is aggrieved by it, she can appeal against it before the Deputy Chief Engineer, Electrical Circle, Kasaragod after remitting 50% of the amount demanded by him. The petitioner did not file an appeal or pay the WPC No.7874/2011 2 energy charges. Thereupon electricity supply was disconnected. Later, Ext.P6 notice dated 19.2.2011 was issued to the landlord of the building informing him that unless arrears of energy charges (Rs.1,85,223/-) is paid within 15 days, the service will be dismantled. Ext.P6 is under challenge in this writ petition. The main contention raised by the petitioner is that aggrieved by Ext.P4, she has filed Ext.P5 review petition before the Assistant Engineer, the said review petition is pending and therefore the respondents ought to have awaited the decision on Ext.P5 before issuing Ext.P6. 2. By Ext.P4 order by which the provisional assessment made in Ext.P2 was confirmed, the petitioner was informed that if she is aggrieved, she can move the Deputy Chief Engineer in terms of section 127 of the Electricity Act, 2003. The petitioner has admittedly not challenged Ext.P4. The period of limitation prescribed for filing an appeal is 30 days from the date of the order appealed against. The said period expired long back. Ext.P4 order has thus become final. The provisions of the Electricity Act do not confer on the Assistant Engineer the power to review Ext.P4. As Ext.P4 order has attained finality and the Assistant Engineer has no power to review it, Ext.P5 review petition is not maintainable. The petitioner has also WPC No.7874/2011 3 not paid the energy charges demanded in Ext.P2. As a result thereof the electricity connection was also disconnected. It is not in dispute that more than six months have passed thereafter. In such circumstances, in view of regulation 41 of the Kerala State Electricity Board (Terms and Conditions of Supply) 2005, the board is entitled to dismantle the supply. I therefore find no merit in the challenge to Ext.P6. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.7874/2011 4 WPC No.7874/2011 5