IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2281 of 2009(V) ------------------------- PETITIONER(S): ---------------------- K.K.SADANANDAN, AGED 61 YEARS, S/O.BAPPUTTY, KIZHAKKE KURUMINHIYIL, "SALGAYATHRI", VENGERI, KOZHIKODEDISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KARAPARAMBA, CALICUT-10. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 2281/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF ELECTRICITY BILL DATED 24.11.2008. EXT. P2 : TRUE COPY OF ELECTRICITY BILL DATED 18.3.2006. EXT. P3 : TRUE COPY OF ASSESSMENT ORDER DATED NIL ISSUED BY 2ND RESPONDENT. EXT. P3 (a) : TRUE COPY OF CALCULATION STATEMENT DATED NIL ISSUED BY 2ND RESPONDENT. EXT. P4 : TRUE COPY OF PROVISIONAL BILL DATED 17.1.2009 ISSUED BY THE 2ND RESPONDENT. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2281 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2009 JUDGMENT Alleging theft on the basis of an inspection, electric connection has been disconnected. Petitioner challenges Exts. P3, P3(a) and P4 and seeks a direction to reconnect the electricity connection. Apparently on the basis of hearing after Ext.P4 has been issued, the petitioner carried the matter in appeal against decision in the matter. 2. Learned Standing Counsel points out Section 135(1A) of the Electricity Act and contends that under the third proviso thereto unless the consumer is prepared to remit the entire amount assessed, there cannot be reconnection. Having regard to the facts present in this case, I am inclined to think that the petitioner must pay the entire amount assessed. Learned Standing Counsel also points out that this is a case where the petitioner's son is the person involved in tampering of meter. In such circumstances, the writ petition is disposed of directing that if the petitioner remits the entire amount within the proviso to Section 135(1A) of the Act, the connection will be restored within twenty-four hours of payment. (K.M. JOSEPH, JUDGE) sb