IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 26952 of 2002(H) ----------------------- PETITIONER: ------------ K.K.HASSAN, S/O.KUNJI KADIR, AGED 75 YEARS, KUZHIKANDATHIL HOUSE, PULLUPALAM, KOCHI-1. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. 2. DEPUTY TAHSILDAR (R.R) TALUK OFFICE, KOCHI. 3. VILLAGE OFFICER, FORT KOCHI VILLAGE. 4. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, FORT KOCHI DIVISION. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA R4 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 45852 OF 2002 IN OP 26952 OF 2002 DISMISSED 11.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED BEARING NO. 231/1970 OF KOCHI SRO, DATED 2.2.1970 EXT.P2 TRUE COPY OF THE DEMAND LETTER ISSUED TO THE PETITIONER DATED 21.4.1992 EXT.P3 TRUE COPY OF THE BILL DATED 5.4.1993 ISSUED TO THE PETITIONER. EXT.P4 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 26952 OF 2002 -------------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT This O.P. filed challenging recovery proceedings for recovery of arrears of electricity dues is pending for the last five years. However, no counter affidavit is filed by the Electricity Board and the counter affidavit filed by the revenue authority does not serve any purpose as it contains no details of the amount sought to be recovered. In fact this Court extended stay specifically mentioning that stay is extended because KSEB refused to file counter to justify the demand. But inspite of the same, no counter affidavit is so far filed. However, I do not find any justification to keep the O.P. pending any longer. Petitioner's case is that he has taken three connections in three houses owned by him. Out of the three houses, one is occupied by him and the other two are let out to tenants. Even though petitioner has a case that regular electricity bills are paid for the houses let out, petitioner has been served with Exts. P2 and P3 bills details of which are not given to the petitioner, is his case. It is seen that these two bills are raised for 2 the same connection under same consumer No. 2179 and the bills were raised some time in 1993. It is not known why arrears were not recovered then and there and why recovery is initiated in the year 2002. Moreover the amount covered by the bills produced in Court is for a total amount below Rs. 25,000/- whereas the amount sought to be recovered is Rs. 99,817/-. In the circumstances, and in the absence of materials for this Court to consider the validity of the bills, O.P. is disposed of directing the fourth respondent to furnish details of the bills to the petitioner with a note attached thereto containing the basis for raising the bills, the period for which it is demanded, and the reasons to sustain them. This should be done by the fourth respondent within a period of one month from the date of production of a copy of this judgment by the petitioner. Fourth respondent should do this after calling for records from the Asst. Engineer and the bills should be finalised after issuing a written proposal to the petitioner and after calling for reply thereto, and after hearing the petitioner. Petitioner will produce a copy of this judgment before the fourth respondent for compliance. Recovery proceedings will continue to remain stayed for 3 one month from the date of receipt of a copy of this judgment and thereafter recovery will be based on fresh orders to be issued by the fourth respondent as above. If petitioner is aggrieved by revised order, it is open to him to challenge the same. (C.N. RAMACHANDRAN NAIR) Judge kk 4