IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 36195 of 2008(H) ------------------------------------ PETITIONER(S): --------------- K.V.HASSAINAR, AGED 53 YEARS, S/O.VEERAN, KARATHUKUDY HOUSE, VENGOLA, PERUMBAVOOR. BY ADVS. MR.T.A.UNNIKRISHNAN MR.K.SATHEESH KUMAR MR.P.P.BIJU RESPONDENT(S): ----------------------- 1. THE DEPUTY CHIEF ENGINEER, K.S.E.B. PERUMBAVOOR. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD (KSEB), ELECTRICAL SECTION, VENGOLA. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36195 of 2008(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE ELECTRICITY BILL FOR THE MONTH OF NOVEMBER 2007, JANUARY 2008, MARCH 2008, JULY 2008 AND SEPTEMBER 2008. EXT.P2 - TRUE COPY OF THE MAHAZAR EXT.P3 - TRUE COPY OF THE BILL DATED 21.5.2008. EXT.P4 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DT. 25.6.2008. EXT.P5 - TRUE COPY OF THE ORDER DATED 29.10.2008. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 36195 of 2008 ................................................. Dated this the 20th day of August, 2009 J U D G M E N T The petitioner is a consumer of electricity with consumer No.5640. On 20.5.2008, the officers of the board conducted an inspection in the residential premises of the petitioner and find that the energy meter was tampered with and the same was therefore not functioning. A Mahazar was prepared and later on the supply was disconnected. By Ext.P3 bill, the petitioner was directed to pay energy charges with penalty. The petitioner challenged the same in appeal before the 2nd respondent, who rejected the same by Ext.P4 order. The petitioner filed a further appeal to the 1st respondent which was also rejected by Ext.P5 order. The petitioner is challenging Ext.P3 bill and Exts.P4 and P5 orders. The petitioner's contention is that petitioner has not tampered with the meter and therefore he is not liable to pay Ext.P3 bill. 2. On the other hand the counsel for the Electricity Board would contend that as is revealed from the Mahazar itself, W.P(C) No. 36195 of 2008 -2- initially the wife of the petitioner did her best to prevent the the Anti Power Theft Squad from inspecting the meter and the premises. According to them the squad which came to the premises at 6 p.m. on 20.5.2008, till 8.30 p.m. they could not conduct the inspection since the wife of the petitioner refused to co-operate in the proceedings. It is only when police assistance was sought, the petitioner came to the scene and co-operated with the inspection. On inspection it was found that the meter was tampered with and was not functioning. They noted the connected load and issued Ext.P3 bill. According to the learned counsel for the Electricity Board, Exts.P3, P4 and P5 are perfectly valid and not liable to interfere with. 3. I have considered the rival contentions in detail. 4. In the writ petition the petitioner has absolutely no allegation on malafides against any officers of the board. From the Mahazar and the orders it is very clear that originally the petitioner's wife did not co-operate with the inspection and only when the police assistance was summoned, the petitioner came to the scene and co-operated with the inspection. In fact he refused to sign the Mahazar also. I have absolutely no reason to W.P(C) No. 36195 of 2008 -3- disbelieve the facts stated in the Mahazar and the orders. Therefore the petitioner has not been able to produce sufficient evidence to prove that the petitioner is not guilty of tampering with the meter. It is clear that the petitioner has tampered with the meter. The respondent cannot be faulted for issuing the penal bill in such circumstances. Therefore there is nothing wrong with Exts.P3, P4 and P5. Therefore the writ petition is without any merits and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE rhs