IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 OP.No. 7183 of 1998(E) -------------------------------- PETITIONER(S): ----------------------- S.D.N. FERRITES PVT. LTD., DEVELOPMENT PLOT, H&C COMPOUND MUNDAKKAL, KOLLAM 691 001, REP.BY ITS MANAGING DIRECTOR, MR.K.K.DIVAKARAN. BY ADV. SRI.S.ABDUL SALAM RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. ELECTRICAL MAJOR SECTION, CANTONMENT, KOLLAM. 3. THE CHIEF ENGINEER (DISTRIBUTION) SOUTH, K.S.E.B. TRIVANDRUM. ADV. SRI. C.K.KARUNAKARAN, SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.12588/1998 & 12852/1998 IN OP. NO.7183/1998 DISMISSED 27/05/2010 SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEMAND NOTICE CUM DISCONNECTION NOTICE NO.066723 DTD. 5.2.98 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER. P2:- COPY OF THE REPRESENTATION DTD. 26.2.98 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P3:- COPY OF THE LETTER NO.BBI/APTS/97 DTD. 1.4.98 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4:- COPY OF THE PETITION DTD. 3.4.98 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.7183 of 1998 ----------------------------------------- Dated this the 27th day of May, 2010 JUDGMENT The petitioner is a consumer of electrical energy. A Special Squad of the Kerala State Electricity Board headed by a Deputy Chief Engineer conducted a surprise inspection of the business premises of the petitioner on 16-1-1998. It was then observed that one element of the CT meter was running in reverse direction. The Special Squad came to the conclusion that the meter was not correctly recording the electrical energy consumed by the petitioner. On the basis of the inspection conducted by the Special Squad, Ext.P1 demand notice dated 5-2-1998 was issued under Section 24(1) of the Indian Electricity Act demanding payment of the sum of Rs.2,45,496/-. Aggrieved thereby the petitioner filed Ext.P4 representation before the Chief Engineer (Distribution) South, Trivandrum, requesting him to interfere with the demand after conducting a detailed investigation. The petitioner also prayed for stay of enforcement of the demand made in Ext.P1 invoice pending disposal of Ext.P4. This writ petition was thereafter filed on 6-4-1998 challenging Ext.P1 and seeking a direction to the 3rd respondent Chief Engineer to consider Ext.P4 and pass orders thereon. O.P.No.7183 of 1998 -:2:- 2. This writ petition was admitted and notice ordered to the respondents on 6-4-1998. On the same day this Court passed an interim order on C.M.P.No.12588/1998 staying disconnection of electricity supply to the petitioner in the event of the petitioner paying 50% of the amount demanded in Ext.P1. Later the petitioner filed C.M.P.No.12852/1998 for an opportunity to pay 50% of the amount covered by Ext.P1 in six equal monthly instalments. By order passed on 5-4-1998 this Court permitted the petitioner to pay 50% of the amount demanded in Ext.P1 in four equal monthly instalments commencing from 30-4-1998. 3. Learned counsel on both sides submitted that pursuant to the interim orders passed by this court the petitioner has deposited 50% of the amount covered by Ext.P1 demand notice and that the last instalment was paid on 30-07-1998. Learned counsel on both sides also submitted that Ext.P4 petition filed by the petitioner before the 3rd respondent Chief Engineer is, even today, pending. It is also submitted that in view of the fact that the petitioner has already remitted 50% of the amount demanded in Ext.P1 this original petition may be disposed of with a direction to the 3rd respondent to consider Ext.P4 and pass orders thereon after affording the petitioner an opportunity of being heard. O.P.No.7183 of 1998 -:3:- 4. In the light of the fact that the 3rd respondent is yet to pass orders on Ext.P4 and the petitioner has complied with the interim orders passed by this Court by depositing 50% of the amount demanded in Ext.P1 notice, I am of the opinion that this original petition can be disposed of with a direction to the 3rd respondent to consider Ext.P4 and pass orders thereon expeditiously and in any event within one month from the date on which a certified copy of this judgment is received by the 3rd respondent. I accordingly dispose of the original petition with the following directions:- (i) The 3rd respondent shall, within one month from the date on which a certified copy of this judgment is received by him, pass orders on Ext.P4 petition after affording the petitioner a reasonable opportunity of being heard. The 3rd respondent shall, immediately after orders are passed on Ext.P4, communicate a copy thereof to the petitioner. (ii) Till orders are passed on Ext.P4, the electricity supply to the petitioner shall not be disconnected for non-payment of Ext.P1 bill. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.7183 of 1998 ---------------------------- JUDGMENT 27th May, 2010