IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 7559 of 2010(T) --------------------------------------- PETITIONER(S): ----------------------- ROCKY C NOROTH, S/O.NOROTH JOHN CHANDY PANAMKUTTY, KZIHAKKENCHERY, NOW RESIDING AT VI.98 JEW TOWN, COCHIN 682 002. BY ADVS.MR.J.JULIAN XAVIER MR.FIROZ K.ROBIN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL CIRCLE, PALAKKAD. 3. ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB, KIZHAKKENCHERY 4. ASSISTANT EXECUTIVE ENGINEER ANTI POWER THEFT SQUAD, PALAKKAD. R1 TO R4 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.7559 of 2010-T ---------------------------- Dated this the 15th day of March, 2010. J U D G M E N T The petitioner is challenging the sustainability of Exts.P4, P5 and P6 proceedings, whereby huge liability has been mulcted upon the shoulders of the petitioner, without any regard to the actual facts and figures. Being aggrieved of the proceedings, the petitioner has already preferred Ext.P7 appeal before the second respondent but the same has not been entertained insisting that 50% of the liability has to be satisfied by the petitioner. The respondents have filed a statement, also producing Annexures 1 and 2 contending that the issue involved actually amounts to 'theft' of energy and this being the position, the petitioner will have to satisfy the entire liability under the disputed assessment order as provided under Section 135A of the Electricity Act 2003. Reliance is also placed in Annexure A2, wherein the petitioner has agreed that the energy diverted and utilized by the petitioner for manufacturing the rubber sheets was on the basis of a mistake, under the bonafide impression that it was permissible. However, it is also stated in W.P(C) No.7559 of 2010-T 2 Annexure 2 that the calculation made by the petitioner is not correct thus seeking to scale down liability after re-considering the issue. 2. The learned counsel for the petitioner submits that the amount fixed by the respondent is quite correct and proper, which is not assailable in view of the law declared by this Court as per the decision reported in J.D.T Islam Orphanage Committee V. Assistant Engineer (2007(3) KLT 388). 3. The learned standing counsel appearing for the respondents submits that the correctness of the said decision has been sought to be challenged by filing a Writ Appeal and that the matter is still pending, however, conceding the fact that no interim order has been obtained. 4. As on date, the petitioner's case is liable to be considered in tune with the dictum reported in J.D.T Islam Orphanage Committee V. Assistant Engineer (supra). The learned counsel for the petitioner submits that petitioner's liability will come only around Rs.13,400/-. 5. In the above circumstances, the petitioner is directed to deposit a sum of Rs.10,000/- within one week; on which W.P(C) No.7559 of 2010-T 3 event the second respondent shall consider Ext.P7 appeal and pass appropriate orders thereon in accordance with law, after giving an opportunity of hearing to the petitioner. This will be in addition to the liability to satisfy the appeal charges and other requirements. Final orders in this regard shall be passed at the earliest; at any rate, within three months from the date of receipt of a copy of this judgment. It is also made clear that on effecting the deposit of Rs.10,000/- the power supply shall be restored to the petitioner, without any further delay, subject to the satisfaction of the re- connection charges and other incidental expenses, if any, as prescribed. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.7559 of 2010-T 4