IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 21295 of 2008(I) PETITIONER: -------------------- JANAKI.M.P., MARUMPARAMBATH HOUSE CHERUVATHUR POST., KOZHIKODE. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY VYDHUTHI BHASBVAN, PATTOM THIRUVANANTHAPURAM 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, RAMANATTUKARA BY SRI.P.P.THAJUDEEN, STANDING COUNSEL FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.21295 of 2008 I ------------------------- Dated this the 18th day of July, 2008. JUDGMENT The petitioner is the proprietor of a Small Scale Unit by name “Sreesastha Rubber Industries” situated in Ramanattukara (Feroke College Road). There is an electric connection. The APTS, Kozhikode conducted an inspection on 7.7.2008. Ext.P1, the mahazar, states that the ceiling wire and the meter was found to be disconnected and when the meter box was opened and inspected, all the four seals in the meter body cover and the seals in the terminal cover were also seen loose. On that premise, a presumption was drawn as to unauthorised abstraction of electricity. Based thereupon, Ext.P2 communication was issued requiring the petitioner to pay an amount of Rs.5,59,757.25 stated to be the energy charges. 2. The petitioner submits that no responsible person was asked to witness the mahazar. It was not prepared in the presence of the petitioner or any other responsible person. W.P.(C).NO.21295/08 :: 2 :: No assessment of the energy charges has been undertaken. The procedure followed was illegal. 3. There was disconnection of electric supply and the petitioner is aggrieved by the same. 4. If the petitioner has an objection as regards the contents of the mahazar, it is up to her to bring it to the notice of the appropriate authority. Thereupon, the energy charges will have to be assessed, after hearing the petitioner. That will have to be done by the competent authority. In the meanwhile, it is appropriate to reconnect the electric connection. 5. In the result, the writ petition is disposed of directing the 2nd respondent to reconnect the electric supply to the petitioner's premises bearing Consumer No.R 5603, Electrical Section, Ramanattukara on the petitioner paying 1/3rd of the amount demanded under Ext.P2. In the meanwhile, the petitioner may submit objections in relation to Ext.P1 before the competent authority, in which case, the objection shall be considered, the petitioner heard and an order passed assessing the energy charges. The entire W.P.(C).NO.21295/08 :: 3 :: process shall be completed within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge