IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 OP.No. 26042 of 2002(A) ----------------------- PETITIONER: --------------------- MUHAMMED HANEEF C.P., AGED 39 YEARS, S/O. K.M.ABDULKHADER, T.V.M. MANZIL, AMBADY LANE, VELIYANOOR, THRISSUR-01. BY ADV. SRI.P.K.ABOOBACKER (EDATHALA) RESPONDENTS: ------------------- 1. THE ASSISTANT SECRETARY, ELECTRICITY DEPARTMENT, THRISSUR CORPORATION, THRISSUR. 2. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1,2 SRI.LELLULAL T.G.THUNDATHIL FOR R1,2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.44242/2002 IN O.P.No.26042/2002 ------- Dismissed 13/1/2009 Sd/- HARUN-UL-RASHID, JUDGE. APPENDIX PETITIONER' EXTS: EXT.P1 PHOTOCOPY OF THE PROVISIONAL INVOICE CARD ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P2 PHOTOCOPY OF THE NOTICE DATED 14/6/2002. EXT.P3 TRUE COPY OF JUDGMENT DTD. 19/7/2002 OF THIS COURT IN O.P.NO.21349/02. EXT.P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DTD. 12/8/2002. EXT.P5 TRUE ;COPY OF THE LETTER DT. 14/8/02. HARUN-UL-RASHID,J. --------------------------- O.P.NO.26042 OF 2005 ---------------------------- DATED THIS THE 13TH DAY OF JANUARY, 2009 JUDGMENT Exts.P2 and P5 communications issued by the Thrissur Municipal Corporation are under challenge. Thrissur Municipal Corporation is the supplier of electric energy to the residents of the Corporation under Low Tension consumption. Petitioner is one of the consumers. According to him, the average consumption of electric energy was assessed to be 400 units per month and that the energy charge at present is fixed at Rs.976/- per month under tariff LT-1-(4). Ext.P1 is the provisional invoice card. The petitioner further submitted that at no point of time the consumption from the connection exceeded the limit during all these years necessitating the change of category based on the meter reading. It is submitted by the learned counsel for the petitioner that the petitioner has been paying the amount regularly and there was no occasion for committing default in payment. The petitioner was served with a -2- OP.No.26042/2002 notice (Ext.P2) directing him to pay an amount of Rs.26,603/- towards the arrears of electricity charges till March, 2001. Ext.P2 notice was challenged by the petitioner in O.P.No.21349/2002. This Court by Ext.P3 judgment directed the petitioner to file objections and also directed the lst respondent to permit the petitioner to verify the accounts and issue proper statement of accounts. Pursuant to Ext.P3 the Corporation forwarded the statement (Ext.P5). It is submitted that Ext.P5 statement is wrong for the reason that it starts with the opening balance of Rs.1,569.78 as on 4/90 for the periods from 1990-91 to 2000-01, more than a period of ten years and that there is a disparity in Exts.P2 and P5 that the amount demanded in Ext.P2 is Rs.26,603/- and the amount shown in Ext.P5 is Rs.35,653/-. 2. The question whether the Corporation is empowered to realise the additional amount towards electricity charges for the period from 1990-91 to 2000-01 is to be re-examined. Learned counsel for the petitioner submitted that the claim of the respondents from 1990 onwards is barred by limitation and that -3- OP.No.26042/2002 the respondents are not entitled to recover the dues by revenue recovery proceedings or by attachment as per Ext.P2 notice. According to him, the amount demanded in Exts. P2 and P5 is not legally recoverable from the consumer. 3. In view of the circumstances stated above, this Court direct the Thrissur Corporation to re-consider the matter and decide the question whether the amount demanded is the amount due and whether the said amount can be legally recovered from the consumer. Before passing final orders, the contentions raised in Ext.P4 shall also be considered. Final order shall be passed within a period of four months from the date of receipt of a copy of this judgment. Further proceedings pursuant to Exts.P2 and P5 shall be kept in abeyance, till a final decision is taken in the matter. Original Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.