IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2031 of 2009(P) ------------------------- PETITIONER(S): --------------- FR. MATHEW ELAPPANICKAL, FINANCE OFFICER, SYRO MALABAR MAJOR ARCHIEPISCOPAL CURIA, MOUNT ST. THOMAS, KAKKANAD.P.O, KOCHI-682030. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: --------------- 1. THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION, THRIKKAKARA-682030. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THRIKKAKARA. BY ADV.MR.P.P.THAJUDEEN, S.C., KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2031 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 21st January, 2009 JUDGMENT Following inspection by the APTS, Kollam Exts.P7 to P11 mahazars were drawn up in relation to the supply of energy to the consumer, the premises of which is Syro Malabar Major Archiepiscopal Curia which is the administrative centre and which is essentially the headquarters of the Syro Malabar Catholic Church. Five consumer numbers are allotted, thereby providing energy to different buildings therein. The mahazars do not disclose any tampering or unauthorised looping or extraction of energy supplied at one point, to any other point. Following the inspection and mahazars, bills were raised on the basis that the establishment which was paying charges as a non-domestic consumer fall under LT VI category ought to be paying under LT VII category (commercial tariff). The petitioner moved this court and was relegated to the K.S.E.B. for consideration of objections. Following that, certain statements were exchanged in writing and the impugned Ext.P20 has been issued by the Assistant Engineer rejecting the plea of the petitioner for continued coverage under LT VI. Four points are specifically noted in Ext.P20 as the plea of the petitioner. I do not think that it is proper W.P.C.No.2031/09 - 2 - for this court further dilate on that matter having regard to the fact that the petitioner has a remedy by way of appeal under Section 127 (2) of the Electricity Act, 2003. 2. It is stated that Ext.P20 is served on the petitioner only on 31.12.2008. Having regard to the totality of the facts and circumstances and having considered the materials on record, it is ordered that if the petitioner submits an appeal against Ext.P20 within two weeks from now, the said appeal will be considered and disposed of in accordance with law after affording the petitioner an opportunity of personal hearing. Till such time decision is taken, the petitioner will continue to be governed by LT VI tariff. The Writ Petition is ordered accordingly. srd THOTTATHIL B.RADHAKRISHNAN, JUDGE