IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 15651 of 2010(F) -------------------------- PETITIONER: --------------- SHAMSUDEEN.O.P., S/O.SAIDUTTY, AGED 39 YEARS, ONAPARAMBIL HOUSE, CHUNANGAD P.O., OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. MR. BABU JOSEPH KURUVATHAZHA RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, OTTAPPALAM, PALAKKAD DISTRICT. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTIRCAL SECTION OTTAPPALAM, PALAKKAD DISTRICT. 3. SUB ENGINEER, ELECTRICAL SECTION OTTAPPALAM, PALAKKAD DISTRICT. 4. THE DEPUTY CHIEF ENGINEER, KSEB ELECTRICAL CIRCLE, SHORNUR ADV. MR. P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 15651 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 22nd day of June, 2010 JUDGMENT The case of the petitioner is that, the electric connection provided to the premises of the petitioner has been cut off, pursuant to Ext.P8 site mahazar prepared by the second respondent, simultaneously raising Ext.P12 bill dated 7.5.2010 directing the petitioner to satisfy quite exorbitant amount, which is stated as not correct or sustainable. The petitioner has approached this Court seeking for a direction to be issued to the respondent to restore the power supply to the colour lab and studio run by the petitioner in the name and style of 'City Colour Lab'. The learned counsel for the petitioner also submits, with reference to the documents produced as Exts.P15 and P16 along with I.A. 7852 of 2010, that, being aggrieved of the course and proceedings taken by the respondents, the petitioner has preferred Exts. P16 appeal against Ext. P15 final order passed by the second respondent. The prayer now pressed before this Court is to give necessary direction to the Additional 4th respondent to consider Ext.P16 and finalize the same. 2. The learned Government Pleader appearing on behalf of the additional 4th respondent, with reference to the counter affidavit filed W.P. (C) No. 15651 of 2010 : 2 : before this Court, submits that the petitioner has been provided with two separate connections, one to the 'colour lab' which is an 'industrial connection' under LT IV tariff category, whereas the 'studio' has been proved with 'commercial connection' under LT VII A tariff. The petitioner was stated as diverting the power provided to the colour lab under industrial category, to the studio, which is having the connection under VII A category. The fraud and malpractice followed by the petitioner could be brought to light only in the inspection leading to Ext.P8 prepared by the second respondent. It was accordingly, that the provisional bill was raised as borne by Ext. P12, which in turn has been finalized as per Ext.P15. 3. The learned standing counsel further submits that, this being an instance of theft of electric energy, by virtue of the mandate under the relevant provisions of law , the petitioner will have to satisfy the entire liability so as to have the power supply restored and to have the statutory appeal entertained on merits. 4. In the said circumstances, it is for the petitioner to satisfy the liability fixed upon him vide Ext.P15, on which event the power supply shall stand restored forthwith, at any rate, within 48 hours. On satisfying the liability as above, Ext.P16 shall be considered by the additional 4th respondent and final orders shall be passed in accordance W.P. (C) No. 15651 of 2010 : 3 : with law, as expeditiously as possible, at any rate within one month from the date of receipt of this judgment. The petitioner shall produce a copy of the judgment along with copy of the Writ Petition and all other I.As before the additional 4th respondent for taking further steps. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd