IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 24474 of 2008(L) -------------------------- PETITIONER: ------------ RAJESH R.KARTHA, RESIDING AT 36/1514, 'ANJALI', KALOOR, KOCHI-682 017. BY ADV. SRI.T.C.SURESH MENON RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ELECTRICAL INSPECTOR OFFICE OF THE CHIEF ELECTRICAL INSPECTOR, THIRUVANANTHAPURAM. 4. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, CENTRAL, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN FOR R1 ADV.SRI.P.P.THAJUDEEN, SC, KSEB FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 24474 OF 2008 L ```````````````````````````````````````````````````` Dated this the 19th day of August, 2008 J U D G M E N T Prayers in the writ petition are as follows: (i) call for the records leading to the passing of Ext.P5 order of the 4th respondent and quash the same by the issue of a writ of certiorari in so far as it demands a surcharge/interest for the periods prior to the issuance of the same; (ii) call for the records leading to the passing of Ext.P9 order by the 4th respondent and quash the same by the issue of a writ of certiorari in so far as it demands interest at the rate of 24%; (iii) issue a writ in the nature of mandamus directing respondents 2 to 4 to recalculate the amount due from the petitioner without insisting on payment of surcharge/interest; (iv) issue a writ in the nature of mandamus directing respondents 2 to 4 to extend to the petitioner the benefit of one time settlement and permit him to pay the entire amount at a reduced interest rate of 12% against Ext.P5 bill; and (v) issue a writ in the nature of mandamus WPC.24474/08 : 2 : directing respondents 2 to 4 to permit the petitioner to pay the actual principal amount, on the strict understanding that it would be given credit to under the head of the principal amount itself. 2. Case of the petitioner in brief is as follows. Petitioner is the owner of a commercial complex by name Dr.Kartha Memorial Complex at Ernakulam. There are eight electrical connections. The case of the petitioner is that the Board found that the meters were defective but at the same time refused to limit the charges to six months prior to the detection. Finally, the 1st respondent directed the Board to make a complete re- assessment and to issue a fresh bill to the petitioner, which was issued on 21.6.2000. However, surcharge has been levied for the period from 1992 onwards. This, according to the petitioner, is in gross violation to Regulation 27(e) of the Conditions of Supply of Electrical Energy and in total disregard to the decision of this Court in Travancore Electro Chemical Industries Limited Vs. KSEB [1994 (1) KLT 249]. Petitioner also produced Ext.P11 which is the decision taken in the matter pursuant to Ext.P6. Petitioner has also filed Ext.P10 before the Deputy Chief Engineer. 3. I heard learned counsel for the petitioner and learned WPC.24474/08 : 3 : standing counsel. Learned standing counsel submits that Ext.P10 filed by the petitioner can be forwarded to the Board and appropriate decision can be taken in the matter. Learned counsel for the petitioner also relies on the Division Bench decision in Abdul Nazer Vs. KSEB [2006 (1) KLT 811] where the Court took a view that the demand for interest at the rate of 24% is exorbitant and this Court reduced it to 12%. Learned counsel for the petitioner submits that whatever may be the liability declared in [1994 (1) KLT 249], the petitioner is prepared to pay interest at the rate of 12%. Learned counsel for the petitioner submits that the amounts determined by the Board will be paid by the petitioner within two weeks from the date of communication of the matter. Accordingly, writ petition is disposed of directing that the Deputy Chief Engineer, Electrical Circle, Ernakulam will forward Ext.P10 to the 2nd respondent. On receipt of Ext.P10, the 2nd respondent will consider the same and take appropriate decision in the matter within one month. The Board will consider the question of reduction of interest. Sd/- (K.M.JOSEPH, JUDGE) aks