IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WA.No. 2530 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.14863/2004 Dated 30/07/2009 .................... APPELLANT/PETITIONER ------------------------------------ K. ASHRAF, PROPRIETOR, TAJ WOOD INDUSTRIES, KAVADIKALAM, POST KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.JAYAKUMAR RESPONDENTS/RESPONDENTS -------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER (APTS), ANIT POWER THEFT SQUAD (HQ), VIGILANCE WING, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, KOTTAKKAL. 4. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KOTTAKKAL. BY STANDING COUNSEL SRI.C.K.KARUNAKARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2530 of 2009 ------------------------------------------ Dated this the 19th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. The appellant being aggrieved by the judgment of the learned Single Judge modifying the penalty imposed on him for use of additional load of 14 KW without obtaining necessary sanction, which was detected in the year 2003, has approached this Court in the present appeal. 2. The demand made by the Kerala State Electricity Board was challenged before the Deputy Chief Engineer, who on finding that there was some mistake in the calculation, reduced the demand from Rupees five lakhs and odd to Rs.3.3 lakhs. Aggrieved by the same when the appellant approached this Court earlier in W.P.(C) No.31687 of 2003, this Court had directed the appellant to show his bona fides and in this regard he had deposited Rs.75,000/-. 3. Thereafter, by the impugned judgment the learned Single Judge directed the appellant to pay a sum of Rs.1.75 lakhs in two instalments and waived all the interests if the remaining amount was paid on or before 30.9.2009. 4. After hearing learned counsel on both sides, now it is fairly submitted by the learned counsel for the appellant that the W.A.No.2530 of 2009. - 2 - appellant is ready and willing to pay the balance amount with reasonable interest if some breathing time is granted. 5. Since the demand is for Rs.3.3 lakhs and out of which Rs.75,000/- has already been remitted, we deem it just and proper in the peculiar facts and circumstances of the case, to grant four equal monthly instalments to pay the balance amount. To ensure the bona fide intention of the appellant, we direct him to pay a sum of Rs.50000/- (Rupees fifty thousand) within ten days from today and on such payment, the Electricity Board shall restore his electric connection. The remaining amount shall be paid in three equal monthly instalments commencing from 15th December, 2009 with interest at the rate of 10% per annum. It is also made clear that if there is default in payment of any of these instalments, it is open for the Electricity Board to proceed with its initial action and in which event all concessions granted to the appellant stands annulled. With these observations the writ appeal is disposed of. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns