IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22396 of 2011(Y) -------------------------- PETITIONER: --------------- TATA TELE SERVICES LTD., HAVING ITS REGISTERED OFFICE AT TOWER 1, 10TH FLOOR, JEEVAN BHARATI, 124, CANNAUGHT CIRCUS, NEW DELHI AND LOCAL OFFICE AT SL PLAZA, PALARIVATTOM, KOCHI, THROUGH ITS AUTHORIZED SIGNATORY MR.BOBBY JOSEPH. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS: --------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ALAPPUZHA TOWN SECTION, ALAPPUZHA-688001. 2. THE DEPUTY CHIEF ENGINEER, (APPELLATE AUTHORITY), ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, ALAPPUZHA-688001. 3. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004. ADV. SMT.P.K.RADHIKA-SC KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 22396/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PROVISIONAL BILL DATED 4.11.2009 EXT.P2 : COPY OF THE FINAL ORDER DATED 21.5.2010 ISSUED BY 1ST RESPONDENT EXT.P3 : COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.8.2010 EXT.P4 : COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT DATED 10.1.2011 EXT.P5 : COPY OF THE ORDER PASSED BY 2ND RESPONDENT DATED 18.4.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22396 OF 2011 -------------------------- Dated this the 18th day of August, 2011 J U D G M E N T The petitioner is a consumer of electrical energy. Pursuant to a surprise inspection conducted by the Anti Power Theft Squad of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) on 21.5.2010, Ext.P1 provisional bill was issued demanding payment of the sum of Rs.2,88,303/-. Such a bill was issued in view of the fact that the petitioner was using unauthorised connected load. Aggrieved by Ext.P1 provisional assessment bill, the petitioner filed objections. He was heard and by Ext.P2 order passed on 21.5.2010 the first respondent confirmed the provisional bill and demanded payment of the sum of Rs.2,88,303/-. Aggrieved thereby, the petitioner filed Ext.P3 appeal before the second respondent after remitting 50% of the amount demanded i.e., the sum of Rs,1,44,151/-. The Deputy Chief Engineer entertained the appeal and issued Ext.P4 notice proposing to hear the petitioner on 18.1.2011. On that day, on the ground that the petitioner’s representative did not turn up for the hearing, the appeal was dismissed, by Ext.P5 order dated 18.4.2011. The petitioner was also directed to pay the sum of Rs.1,44,151/- within 7 days from the date of receipt of the communication. 2. It is evident from Ext.P4 notice of hearing that the hearing was WPC No.22396/2011 2 scheduled to be held on 18.1.2011. Ext.P5 order passed on 18.4.2011 also refers to the said fact. However, the order dismissing the appeal was issued only on 18.4.2011, i.e., three months thereafter. In my opinion, on that short ground itself Ext.P5 order is liable to be set aside. The appellate authority did not consider the appeal on 18.1.2011, the date fixed for hearing the appeal. Instead, it waited for three months and without issuing a further notice to the petitioner, dismissed the appeal for the appellant’s non-appearance on 18.1.2011. That apart, the petitioner had paid 50% of the amount demanded for the purpose of filing the appeal. In such circumstances, I am of the opinion that the petitioner is entitled to have the appeal filed by him heard and decided on the merits. I accordingly allow the writ petition, set aside Ext.P5 and direct the second respondent to reconsider Ext.P3 appeal and pass orders thereon after affording the petitioner an opportunity of being heard. Till such time, recovery pursuant to Ext.P2 order shall be kept in abeyance. P.N.RAVINDRAN, (JUDGE) vps