IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16214 of 2009(V) -------------------------- PETITIONER(S): ------------------ SHIBULAL.S.D., AGED 43 YEARS, S/O.DAS, SREE LAKSHMI HOUSE, KARUVATTA VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): ------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ANTI-POWER THEFT SQUAD (APTS), ELECTRICAL CIRCLE, ALAPPUZHA. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KARUVATTA. 4. THE SUB ENGINEER, ELECTRICAL SECTION, KARUVATTA. 5. THE TAHSILDAR, REVENUE RECOVERY, HARIPAD. 6. THE VILLAGE OFFICER, KARUVATTA. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 4 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 16214 OF 2009 (V) ===================== Dated this the 18th day of June, 2009 J U D G M E N T Petitioner is the proprietor of Sree Lakshmi Distributors, an SSI Unit engaged in the manufacturing of sip-ups and ice creams. He was availing of power supply with consumer Nos.9155 and 8855. It is stated that on 25/1/2006, the Anti Power Theft Squad of the Board inspected the premises and Ext.P4 is the mahazar prepared,which shows that meter in relation to consumer No.8855 was tampered with and that a two door freezer was connected to Consumer No.9155. Following the same, Ext.P6 penal bill was issued, against which petitioner filed an appeal before the 2nd respondent and that 1/3rd of the amount demanded was paid. It is stated that the appeal was heard, but however, order passed by the Appellate Authority has not been communicated so far. 2. Despite this, he was issued Ext.P9, calling upon him to pay the balance amount due under Ext.P6 and thereupon he filed Ext.P10 styled as an appeal before the 1st respondent. It is stated that during the pendency of Ext.P10, by Ext.P12 revenue recovery proceedings have been initiated. It is at that stage the writ WPC 16214/09 :2 : petition is filed challenging the coercive action against him and seeking disposal of Ext.P10. 3. Taking into account the complaint of the petitioner that order on the appeal filed by the petitioner against Ext.P6 was not communicated and that it was despite the pendency of Ext.P10, recovery proceedings were initiated, standing counsel for the respondents was directed to obtain instructions in the matter. 4. As regards the complaint that the appellate order was not communicated, on instructions, it is submitted by the standing counsel that the order was despatched to the petitioner by courier service and that there is nothing with the Board to show that the said order was served on the petitioner. Thus, it is obvious that there is nothing on record available with the respondents to prove service of the order passed on the petitioner's appeal. If so, the plea of the petitioner in this regard has to be accepted. 5. In so far as Ext.P10 filed by the petitioner before the 1st respondent is concerned, that is not a statutory appeal and therefore, this Court will not be justified in calling upon the 1st respondent to dispose of the same. 6. However, fact remains that the petitioner had filed an WPC 16214/09 :3 : appeal against Ext.P6 and the petitioner is entitled to pursue his remedies against the appellate order. In order to enable the petitioner to do so, petitioner must first be served a copy of the order. 7. Taking into account the above, I dispose of this writ petition with the following directions. (1) That within 7 days of production of a copy of this judgment, the Deputy Chief Engineer, Electrical Circle, Alappuzha, who has passed orders on the appeal, shall serve a copy of the order passed in the appeal filed by the petitioner against Ext.P6 penal bill. (2) It is directed that in order to enable the petitioner to pursue his remedies against the said appellate order, further proceedings pursuant to Ext.P12 shall be kept in abeyance for a period of one month from today. (3) Petitioner shall produce a copy of this judgment before the Deputy Chief Engineer, Electrical Circle, Alappuzha for compliance. ANTONY DOMINIC, JUDGE Rp