IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 801 of 2009() -------------------- AGAINST THE ORDER IN WPC.34428/2008 DATED 12.02.09 AND JUDGEMENT IN RP.317/2009 DATED 20.03.09 .................... APPELLANT/PETITIONER/REVIEW PETITIONER: --------------------------------------------------- NADEERA, PROPRIETOR M/S.ANAS BRICKS, CHERIYELA, ALUMMODU, KANNANLLOOR, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS/RESPONDENTS/RESPONDENTS: --------------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 4. THE SUB ENGINEER IN CHARGE OF ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, ELECTRICAL SECTION, KANNANALLOOR, KOLLAM DISTRICT. 5. THE ELECTRICAL INSPECTOR, OFFICE OF THE ELECTRICAL INSPECTOR, MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM. BY SRI.C.K. KARUNAKARAN, SC, KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, ALONG WITH WPC : 34428/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 801 OF 2009 and W.P.(C) No. 34428 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this, the 3rd day of April, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. He approached this Court aggrieved by the steps taken by the Electricity Board to recover energy charges. It is the case of the Board that the petitioner has engaged in the pilferage of energy. But it has come out from Ext.P7 report of the Electrical Inspector that there was no theft. If that be so, this Court need not go into the merits of the contentions taken by the parties with regard to the method of billing, since the petitioner has a remedy under Section 42(5) of the Electricity Act 2003. In that view of the matter, by consent of all the parties, we called for the writ petition also and the same is disposed of as follows: The writ petitioner may file a petition before the Consumer Grievance Redressal Forum within a month from today and thereafter the Forum will dispose of the application WA No. 801/09 and WPC : 34428/08 -:2:- in accordance with law within another two months. The recovery proceedings pursuant to the impugned proceedings will be deferred on condition that the appellant/writ petitioner deposits an amount of Rs.15,000/-(Rupees fifteen thousand only) within a month from today. The Writ Appeal and writ petition are disposed of as above. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No. 801/09 and WPC : 34428/08 -:3:-