IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 6956 of 2007(C) ------------------------- PETITIONER(S): ------------------ PRESTIGE PLYWOOD INDUSTRIES PRIVATE LIMITED, MUDICKAL, MARAMBILLY VILLAGE, PERUMBAVOOR, KUNNATHUNADU TALUK ERNAKULAM DIST. REPRESENTED BY ITS MANAGING DIRECTOR MR.T.A.ABDULLA. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENT(S): ------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT, PIN- 695 004 REPRESENTED BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, ELECTRICAL SECTION VAZHAKULAM, KERALA STATE ELECTRICITY BOARD, ERNAKULAM DISTRICT, PIN- 683 581. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION VAZHAKULAM, KERALA STATE ELECTRICITY BOARD, ERANKULAM DISTRICT PIN- 683 581. 4. SENIOR SUPERINTENDENT, ELECTRICAL SECTION VAZHAKULAM, KERALA STATE ELECTRICITY BOARD, ERNAKULAM DISTRICT PIN- 683 581. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6956/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF AFFIDITIONAL BILL OF RS.1,37,060. EXT.P2: TRUE COPY OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DISMISSING EXT.P2 APPEAL. EXT.P4: TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDNET PURSUANT TO EXT.PE ORDER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 6956 OF 2007 (C) ===================== Dated this the 7th day of October, 2009 J U D G M E N T The challenge in this writ petition is against Exts.P1 and P3. 2. Petitioner is a Private Company, which has established a Small Scale Industrial Unit producing plywood and other ancillary products. For the manufacturing purposes, the petitioner is availing of supply of electrical energy under LT VIIA commercial tariff, with Consumer No.11925. 3. It is seen that the meter in the petitioner's premises was replaced on 10/9/2004, which, even according to the petitioner, was at his request as the existing meter was burned out consequent on lightning. It is stated that average consumption before changing the meter was 5,477 units per month, whereas, after changing the meter, it was found to be 11,957 units per month. Consequent on the vide disparity in the consumption as recorded, back assessment in terms of the Conditions of Supply of Electrical Energy was completed for the previous six months and it was accordingly that by Ext.P1, demand for Rs.1,37,060 was served on the petitioner. WPC 6956/07 :2 : 4. On receipt of Ext.P1, availing of the Appellate remedy under Clause 48 of the Conditions of Supply of Electrical Energy, petitioner filed Ext.P2 appeal. The appeal was considered by the appellate authority as directed by this Court in the judgment in WP (C) No.2994/05 and the appellate authority upheld the back assessment as per Ext.P1 and rejected the contentions of the petitioner by Ext.P3 order. It is challenging Exts. P1 and P3, the writ petition is filed. 5. The fact that the meter was faulty at the time when it was replaced is not in dispute. On the other hand, even according to the petitioner, the meter was burned out due to lightning and it was at his request, the meter was replaced. Ext.P3 order shows that prior to the replacement of the meter, average consumption was only 5,477 units per month which suddenly got enhanced to 11,957 units per month after the replacement of the meter. Petitioner has no explanation for this sudden increase in the recorded consumption. This necessarily suggests that the consumption recorded prior to the replacement of the meter was erroneous and if that be the factual position, respondents cannot be faulted for completing the back assessment as provided under the Conditions of Supply of Electrical WPC 6956/07 :3 : Energy. Consequently I am not persuaded to interfere with Exts.P1 and P3. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp