IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WA.No. 2416 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.25761/2004 DATED 8.7.2008 .................... APPELLANTS/RESPONDENTS ------------------------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDHUTHI BHAVAN, PATTOM,TRIVANDRUM. 2. THE DEPUTY CHIEF ENGINEER (APTS), KERALA STATE ELECTRICITY BOARD,VYDHYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION,CHITTUR,PALAKKAD. 4. THE ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, KOLLENGODE,PALAKKAD. 5. THE ASSISTANT EXECUTIVE ENGINEER(APTS), KERALA STATE ELECTRICITY BOARD,PALAKKAD. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS/PETITIONERS ------------------------------------------ 1. SHANTHAKUMAR, S/O.DHARMANDI, PROP.R.R.RICE MILS,OOTARA,KOLLENGODE, CHITTUR TALUK,PALAKKAD. 2. PUSHPANGADAN.V.R, S/O.RAMCHANDRAN,AGED 43 YEARS, RESIDING AT VADAKKEVEEDU,VARODE.P.O, KOTTAYI, PALAKKAD. BY ADV.SRI.K.K.M.SHERIF THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2416 of 2009 ------------------------------------------ Dated this the 5th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. The Kerala State Electricity Board, being aggrieved by the order of the learned Single Judge dated 8th July, 2008 in W.P.(C) No.25761 of 2004, has come up in the present writ appeal. 2. The consumer writ petitioners/respondents herein had challenged the alleged demand of electricity bills under Exts.P2, P3 and P7. These bills, admittedly, were issued by the appellants herein finding that there is no recording of electricity in the meters because of failure of two phases out of the three phases. Finding that as there was no mala fides or theft of electricity was alleged against the consumer, almost in a similar situation, this Court in W.A.No.2230 of 2009, held that the W.A.No.2416 of 2009 - 2 - consumer cannot be burdened with electricity bills for the alleged mistake of non-supply in phases 1 and 3 without the Electrical Inspector determining the fault at the earliest. We find that this case is also similar to the one referred to above and hence, we hold that the challenge of the appellant is devoid of merits. The writ appeal is dismissed for the reasons stated herein and also in the judgment in W.A.No.2030 of 2009. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku