IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 24152 of 2004(A) -------------------------- PETITIONER(S): --------------- P.M.KUMAR, S/O.MONI, AGED 32 YEARS, MANAGER, SHON TOURIST HOME, THOTTAKKATT ROAD, ERNAKULAM. BY ADV. SMT.MAREENA JOSEPH JOSEPH RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ENGINEER, KERLA STATE ELECTRCITY BOARD, COLLEGE SECTION, ERNAKULAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, COLLEGE SECTION, ERNAKULAM. ADV. SRI.C.K.KARUNAKARAN, SC, KSEB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 24152/2004. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE BILLS. P2. COPY OF THE REQUEST TO R2 DTD.25.6.04. P3. COPY OF THE REQUEST DTD.6.7.04 P4. COPY OF THE BILL DTD.2.8.04. P5. COPY OF THE REPRESENTATION DTD.6.8.04 TO R1. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE MAHAZAR BY R3 DTD.1.9.04. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.24152 of 2004 ================== Dated this the 16th day of September, 2009 J U D G M E N T The petitioner challenges electricity bills demanding arrears of electricity charges. The petitioner's contention is that on installation of electronic metre, the consumption recorded increased by three fold and, therefore, there is something wrong with the metre installed. This Court by order dated 13.8.2004, directed the 3rd respondent to check the metre and file a report as to whether the metre is working properly or not. 2. A counter affidavit has been filed, in which, it is stated that on inspection it is found that as against the sanctioned load of 5960 watts, the petitioner's premises was found to be having connected load of 11127 watts and that for a use of 8 hours daily for the said connected load monthly consumption of electricity would come to 2000 units, which shows that the consumption recorded is far below the same. It is stated that the metre is working properly. In view of the counter affidavit, the learned counsel for the petitioner submits that the petitioner may be given instalment facility to pay off the amounts. 3. I have heard the learned Standing Counsel appearing for the Electricity Board also. 2 4. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay the amount demanded in three equal monthly instalments starting from 1.10.2009. Subsequent instalments shall be paid on 2.11.2009 and 1.12.2009. If the petitioner pays the instalments in time, further coercive proceedings for recovery shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to recover the amount by appropriate coercive proceedings under law. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge