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 WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WA.No. 2230 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.14183/2009 Dated 23/05/2009 .................... APPELLANTS/RESPONDENTS: ------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER (APTS), KERALA STATE ELECTRICITY BOARD, CENTRAL REGION,ALUVA. 3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,AROOR,ALAPUZHA. 4. THE ASSISTANT ENGINEER (APTS), KERALA STATE ELECTRICITY BOARD, ERNAKULAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/PETITIONER: ------------------------------ ABDUL AZEEZ, PROPRIETOR,AMEENA ICE AND COLD STORAGE, AMEENA HOUSE,CHANDIROOR P.O., ALAPUZHA DISTRICT. BY ADV. SRI. K.K.M. SHERIFF THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 2230 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the order of the learned Single Judge allowing the Writ Petition and quashing Exts.P2, P5 and P6 demand notices made by the appellant Kerala State Electricity Board, the present appeal is filed. 2. The Writ Petitioner is a consumer of the electricity and it is alleged that on 09.05.03, when the Anti Power Theft Squad of the appellant Board inspected the premises noticed that there is no proper recording of the electricity consumed and as such, issued a demand bill to the tune of Rs.2,13,759/-. Aggrieved by the same when the consumer approached this Court, by Ext.P4 judgment this Court directed expeditious disposal of the statutory appeal filed by the consumer. Ultimately, the appeal came to be rejected. It is in these circumstances the consumer was forced to approach this Court once again. WA No.2230 of 2009 -:2:- 3. It is to be noted that there was no allegation of theft of energy or tampering of the meter by the consumer. Only because of two of the three phases were not recording properly, the Electricity Board has made the demand. Noting the fact that it was the duty of the Board itself to check the meter regularly and find out whether the entire consumption is recorded properly or not, and in the absence of any fault or illegal use of the electricity by the appellant, rightly, in our view, the learned Single Judge has held that the consumer cannot be penalised. We find absolutely no merit in the contention raised before this Court by the Board. Hence, affirming the judgment of the learned Single Judge, the Writ Appeal is dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.2230 of 2009 -:3:-