IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 4662 of 2008(E) ------------------------------------- PETITIONER: ------------------- P.K.CHANDRAMATHY, AGED 68 YEARS, W/O.P.K.MADHAVAN, MADHAVA NIVAS, CHOVVA, KANNUR. BY ADVS. SRI.V.R.KESAVA KAIMAL, SRI.N.M.MADHU. RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDUTHY BHAVAN, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KANNUR. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, CHOVVA, KANNUR. R1 TO R3 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4662/2008-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BILL DTD. 22/03/07 ISSUED TO THE P.1. EXT.P.2: COPY OF THE MEMORANDUM OF APPEAL DTD. 09/04/2007. EXT.P.3: COPY OF THE BILL DTD. 13/03/2007. EXT.P.3.A: COPY OF THE BILL DTD. 10/01/2007. EXT.P.3.B: COPY OF THE BILL DTD. 12/11/2007. EXT.P.3.C: COPY OF THE ORDER DTD. 24/01/2008. EXT.P.5: COPY OF THE BILL DTD. 08/03/2006. EXT.P.5.A: COPY OF THE BILL DTD. 10/05/2006. EXT.P.5.B: COPY OF THE BILL DTD. 13/09/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4662/2008-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of December, 2010 J U D G M E N T The petitioner is a consumer of electricity with Consumer No.5890. The connection was in the name of the deceased husband Shri Madhavan which was transferred in the name of the petitioner. There is a hotel conducted by the son of the petitioner, namely, Shri Mahesh adjacent to the house of the petitioner. The consumer number of the hotel is 3646. It is stated that due to frequent power failure, her son was forced to instal a generator for his hotel. The generator is kept in the property of the petitioner and close to her house. Connection was given from the generator to the house as well as to the hotel. It appears that there was an inspection on 22/03/2007 which lead to issuance of Ext.P1 bill for an amount of Rs.1,37,845/-. Consequently, the electric connection in the petitioner's premises was also disconnected. When she paid one third of the penalty amount, the connection was restored. Ext.P2 is the copy of the appeal filed by the petitioner. It was disposed of by Ext.P4 order. W.P.(C). No.4662/2008 -:2:- The penal bill issued against Consumer No.3646 was set aside. But the penal bill in respect of the house of the petitioner was not interfered with. 14 days time was given from the date of Ext.P4 order to remit the entire amount. Challenging the same, this writ petition has been filed. 2. As per the interim order dated 08/02/2008, this Court stayed the distress action, including disconnection and recovery on the basis of the impugned orders, on condition that the petitioner deposits the amount due under the appellate order after deducting the amounts already deposited and making the remittance of the balance in five equal monthly instalments, payable on or before the last working day of every month commencing from February, 2008. Other conditions have also been imposed by the said order. The learned counsel for the petitioner submitted that the petitioner has already paid the entire amount as directed by this Court and the matter can be disposed of accordingly. The same is recorded. It is also submitted that there is a claim raised by the W.P.(C). No.4662/2008 -:3:- petitioner for refund of certain amounts. The writ petition is accordingly closed. The same will not prejudice the right of the petitioner to agitate her claim for refund/repayment of any amount. No costs. (T.R. Ramachandran Nair, Judge.) ms