IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 OP.No. 7214 of 2003(H) ---------------------- PETITIONER(S): --------------- B.RAVINDRAN NAIR, PLOT NO.III, NEHRU NAGAR, KURIACHIRA, THRISSUR. BY ADV. SRI.R.K.MURALEEDHARAN SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. THE ASSISTANT SECRETARY, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION. 2. THE THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1 SRI.LELLULAL T.G.THUNDATHIL FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 12624 OF 2003 IN OP 7214 OF 2003 DISMISSED 28.5.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ELECTRICITY BILL DATED 10.6.2002 ISSUED BY FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 9.9.2002 EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 4.10.2002 EXT.P4 TRUE COPY OF THE JUDGMENT IN OP 29165 OF 2002 DATED 8.10.2002 EXT.P5 TRUE COPY OF THE COVERING LETTER ALONG WITH THE STATEMENT OF ACCOUNTS SUBMITTED BY THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 5.11.2002 ALONG WITH RECEIPT EXT.P7 TRUE COPY OF THE COMMUNICATION FROM THE FIRST RESPONDENT DATED 17.2.2003 RECEIVED BY THE PETITIONER ON 21.2.2003 EXT.P8 TRUE COPY OF ELECTRICITY BILL FOR THE MONTH OF OCTOBER 2002 EXT.P9 TRUE COPY OF THE ELECTRICITY BILL FOR THE MONTH OF DECEMBER, 2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 7214 OF 2003 -------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT O.P. is filed challenging arrears of electricity dues demanded from the petitioner. Arrears demanded is stated to be for 10 years commencing from April 1991 to March, 2001. Petitioner's case is that details of payments are not furnished and therefore recovery is not permissible. Even though counter affidavit is filed this Court vide order dated 28.3.2007 observed that counter is absolutely vague and lacking in details. Even though Municipality was directed to furnish copies of bills raised on the petitioner, and details of stay order, and instalment facility if any obtained by the petitioner, Municipality has not produced it, inspite of extension of time taken from this Court for compliance on 10.12.2008. Besides this, I have noticed in several cases that Municipality was not raising bills in time for recovering electricity dues, but allowed the consumers to enjoy power supply without payment. In the absence of details of demands through bills 2 raised in this case, this Court is not in a position to decide the matter. At the same time petitioner cannot be denied the benefit of a proper adjudication. Since petitioner has paid one-third of the demand, I direct the petitioner to represent the matter before the Municipal Council which will treat the same as appeal, and adjudicate petitioner's liability and give a communication within three months from the date of filing of the appeal. Petitioner is directed to file appeal within two weeks along with a copy of this judgment. Secretary of the Municipality is directed to place the appeal before the Council for their decision. O.P. is disposed of as above. Issue photocopy tomorrow itself. (C.N. RAMACHANDRAN NAIR) Judge kk 3