IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 32354 of 2003(B) ------------------------------------- PETITIONER(S): ------------------------ JOSEPH P.J., S/O. MATHAI JOSEPH MAPPILASSERY PUTHENVEEDU, CHAMPAKULAM P.O., PIN-688 505, ALLEPPEY DISTRICT. BY ADVS.MR.JOHN NUMPELI (JUNIOR) MR.GEORGE KURUVILLA(ALAPPUZHA) RESPONDENT(S): ------------------------- 1. DEPUTY CHIEF ENGINEER (APTS), KERALA STATE ELECTRICITY BOARD, VAIDYUDHI BHAVAN, PATTOM, TRIVANDRUM-695 004. 2. SUB ENGINEER, ELECTRICAL SECTION, CHAMPAKULAM. 3. ASSISTANT EXECUTIVE ENGINEER, KSEB, EDATHUA. 4. ASSISTANT ENGINEER, KSEB (APTS) ERNAKULAM. 5. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 6. ELECTRICAL INSPECTOR, ALAPPUZHA. 7. T.J. KURIAKOSE, SRAMBICAL HOUSE, EDATHUA P.O., ALLEPPEY DISTRICT. R1 – R5 BY ADV. MR.K.R.SADASIVAN NAIR MR. JOSE J MATHEIKEL MR.C.K.KARUNAKARAN R6 BY GOVERNMENT PLEADER MR. M.A.THOMAS KUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32354/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ELECTRICAL INSPECTOR DTD. 19.2.01 ISSUED TO THE PETITIONER. P2:- COPY OF THE PREMISES METER CARD MAINTAINED AGINST THE CONNECTION GIVEN TO THE PETITIONER. P3:- COPY OF THE REPORT DTD. 29.4.03 OF THE 4TH RESPONDENT. P4:- COPY OF THE INVOICE DTD. 19.5.03 ISSUED BY THE 2ND RESPONDENT FOR AN AMOUNT OF RS. 70,335/-. P5:- COPY OF THE EXPLANATION DTD. 22.5.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P6:- COPY OF THE DEMAND CUM DISCONNECTION NOTICE DTD. 22.5.03 ISSUED BY THE 2ND RESPONDENT FOR AN AMOUNT OF RS. 1,66,602/-. P7:- COPY OF THE APPEAL DTD. 25.5.03 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P8:- COPY OF THE JUDGMENT DTD. 3.6.03 IN WPC. NO.17072 / 03 OF THE HONOURABLE HIGH COURT OF KERALA. P9:- COPY OF THE ORDER DTD. 29.9.03 PASSED BY THE IST RESPONDENT. P10:- COPY OF THE DEMAND NOTICE DTD. 6.10.03 ISSUE BY THE 2ND RESPONDENT . TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 32354 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th September, 2009. J U D G M E N T The issue involved in this writ petition is as to the demand made by the Electricity Board for alleged arrears of electricity charges. Pursuant to orders of this Court, the Electrical Inspector has inspected the meter and filed a report along with a memo dated 22-11-2005, wherein he has opined that the meter is faulty. If the meter is faulty, then it is for the Electrical Inspector to calculate the arrears of electricity charges payable by the petitioner in accordance with Section 26(6) of the Indian Electricity Act. Accordingly, the writ petition is disposed of with the following directions: The Electrical Inspector, who has filed the report before this Court, shall also calculate the arrears of electricity charges payable by the petitioner in accordance with Section 26(6) of the Indian Electricity Act. He shall do so within one month from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment before the Electrical Inspector. The Electrical Inspector shall inform both the Electricity Board and the petitioner the amount calculated by him in accordance with Section 26(6) payable by the petitioner. The petitioner shall pay the amount so calculated by the Electrical Inspector, within one month therefrom. If the amounts paid by the petitioner during the pendency of the writ petition or otherwise in respect of the same period shall be duly adjusted and the petitioner would be liable to pay only the balance. However, if any excess amount has been paid by the petitioner, the same shall be adjusted against future bills. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/