IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 20445 of 2007(H) ---------------------------------------- PETITIONER(S): ------------------------ P.R.ARAVINDAKSHAN NAIR, MANAGING PARTNER, M/S.SABILA PHARMACEUTICALS, NECHIPUZHOOR P.O., PALA. BY ADV. SRI.P.V.JAYACHANDRAN SMT. SABIENA JAYAN RESPONDENT(S): -------------------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PALA. 3. CHIEF ELECTRICAL INSPECTOR, OFFICE OF THE CHIEF ELECTRICAL INSPECTOR TO GOVERNMENT, THIRUVANANTHAPURAM. 4. KERALA STATE ELECTRICITY BOARD, PATTAM P.O., THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. R1 TO R4 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20445/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BILL ISSUED BY THE 1ST RESPONDENT FOR RS.40,131/- P2 COPY OF THE BILL ISSUED BY THE 1ST RESPONDENT FOR RS.7,43,434/- P3 COPY OF THE STATEMENT. P4 COPY OF THE ORDER NO.GB-1/HCOP/2939 & 3525/05/5/02 DATED 28/03/05. P5 COPY OF THE DISCONNECTION NOTICE DATED 26/4/05. P6 COPY OF THE REPORT DATED 29/9/06. P7 COPY OF THE DEMAND NOTICE DATED 4/6/07. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20445 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2011 J U D G M E N T The petitioner is aggrieved by Exts.P1 & P2 bills for energy charges issued by the 1st respondent to the petitioner. The challenge is on the basis that the consumption of electrical energy by the petitioner is calculated taking into account the multiplication factor of 20 instead of 6. If the multiplication factor adopted is 6 then the petitioner would be liable to pay additional electricity charges only prior to the period 21.01.2003 is the petitioner's contention. Earlier on the question of the multiplication factor to be adopted, the petitioner approached this court by filing W.P.(C) No.15081/2005, wherein this court directed the 3rd respondent to conduct an inspection and decide the question. Pursuant thereto, the 3rd respondent conducted an inspection and forwarded Ext.P6 report, wherein it has been specifically held that the W.P.(C)No. 20445 of 2007 -2- multiplication factor to be adopted is 6 and not 20. The petitioner therefore submits that the bills now issued taking the multiplication factor as 20 instead of 6 is clearly unsustainable. The petitioner therefore seeks the following reliefs: “a) Issue a Writ of Certiorari or appropriate writs directions or orders calling for the records leading up to Ext.P7 and quash Ext.P1, P2, P3, P4, P5 and P7. b) Direct the 1st respondent to re assess the energy consumed based on the multiplication factor 6 based on Ext.P6 for the period 21.1.2003 to 12.12.2004 and thereafter. c) Issue a Writ of mandamus or appropriate writs directions or orders directing the 1st respondent not to disconnect electric supply to petitioner's S.S.I. unit.” 2. No counter affidavit has been filed by the Electricity Board. But the counsel argues in support of the bills. 3. I have considered the rival contentions in detail. 4. In Ext.P6 report, the Chief Electrical Inspector categorically states that in the petitioner's case the multiplication factor to be adopted should be 6 and not 20. If that be so, unless Ext.P6 report which is a report W.P.(C)No. 20445 of 2007 -3- submitted pursuant to the directions of this court is appropriately set aside by a process known to law, the petitioner cannot be mulcted with the liability to pay electricity charges taking the multiplication factor as 20. Accordingly the impugned bills are quashed. The respondents 1 & 2 are directed to re-calculate the electricity charges to be paid by the petitioner taking into account the multiplication factor as 6 instead of 20 as directed in Ext.P6. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/