IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 20723 of 2007(P) -------------------------- PETITIONER(S): --------------- M.H.SIDDIQUE, MARATTIKUNNEL, THODUPUZHA. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, K.S.E.BOARD, ELECTRICAL SECTION NO.1, THODUPUZHA. 2. THE DEPUTY CHIEF ENGINEER, K.S.E.BOARD, ELECTRICAL CIRCLE OFFICE, THODUPUZHA. 3. THE CHIEF ENGINEER, K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 4 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20723/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF the BILL DATED 11/10/1999. P2 : COPY OF the BILL DATED 05/06/2001. P3 : COPY OF the PURCHASE BILL NO.147 DATED 21/09/1999 P4 : COPY OF the PURCHASE BILL NO.148 DATED 21/09/1999. P5 : COPY OF THE PROCEEDIGNS NO.GBI/SUIT/2001-02/1521 DATED 04/12/2001. P6 : COPY OF THE PETITION DATED 07/12/2001 FILED BEFORE R3. P7 : COPY OF THE PETITION DATED 30/06/2006 FILED BEFORE R2. P8 : COPY OF THE PETITION DATED 30/06/2006 FILED BEFORE R2 BY THE PETITIONER. P9 : COPY OF THE REPORT DATED 01/07/2006. P10 : COPY OF THE ORDER NO.BO(FM) NO.1969/2006(DPCI) C8-7/2006 DATED 18/07/2006. P11 : COPY OF THE INSTRUCTIONS OF THE KSEB NOT TO LEVY INTEREST DURING APPEAL PERIOD. P12 : COPY OF THE COMMUNICATION DATED 07/12/2006. P13 : COPY OF the DEMAND NOTICE DATED 05/01/2007. P14 : COPY OF THE JUDGMENT DATED 10/04/2007 IN WP(C) NO.3118/2006(U) OF THIS HONOURABLE COURT. P15 : COPY OF the ORDER DATED 15/06/2007 OF THE KSE BOARD. P16 : COPY OF the DEMAND NOTICE DATED 16/06/2007 OF R1. P16(a) : COPY OF the COMMUNICATION NO.BB/RR/06-07/21.6.2007 ISSUED BY R1. P17 : COPY OF THE ORDER DATED 17/04/2007 PASSED BY R4. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20723 of 2007 --------------------------------- Dated, this the 15th day of July, 2009 J U D G M E N T On the allegation of misuse of energy as contemplated under Clause 42(d) of the Conditions of Supply of Electrical Energy framed by the Board under Section 79(J) of the Electricity (Supply) Act, 1948, the petitioner was issued Ext.P1 bill for an amount of Rs.5,22,219/-. This was followed by Ext.P2 bill for a further amount of Rs.53,424/-. The petitioner filed an appeal to the 2nd respondent and that was rejected by Ext.P5 order. Thereafter he filed Ext.P6 appeal before the 3rd respondent. That was also rejected. 2. While so, the petitioner filed Ext.P8 requesting to allow payment of the amount in instalments. By Ext.P10, instalment facility was granted on payment of interest. He sought waiver of interest during the period when the appeals were pending. That was also rejected by Ext.P12 and he was issued Ext.P13 bill for Rs.9,87,520/-. Challenging Exts.P1, P2, P10, P12 & P13, the WP(C) No.20723/2007 -2- petitioner filed WP(C) No.3118/2007 before this Court. 3. By Ext.P14 judgment, this Court upheld Exts.P1 & P2 bills. It was directed that for the period during which the appeal resulting in Ext.P5 order was pending, he should be given waiver of interest. In so far as the period from 07/12/2001 to 04/08/2006, when Ext.P6 appeal was pending, this Court held that the petitioner is entitled to the relief of penal interest, and directed the competent authority to consider waiver of interest for the said period. It was made clear that, at any rate, interest beyond 12% shall, in no case, be levied on the petitioner. 4. Accordingly the matter was considered and Ext.P15 order was issued. The relevant portion of which reads as under:- “Having considered the matter, sanction is accorded to waive the interest during appeal pending period (i.e. from 26/10/1999 to 04/12/01) as ordered by the Hon'ble High Court in connection with the penal bill issued to Consumer No.7745 (Sri.M.H.Sidhique, Marattikunnel, Thodupuzha) under Electrical Section, No.1, Thodupuzha. Sanction is also accorded to allow the consumer to remit the revised assessment amount as One Time Settlement as per Board Order read as 4th paper above.” 5. A reading of this order shows that while waiver for the period when the appeal resulting in Ext.P5 was granted, there has WP(C) No.20723/2007 -3- not been any consideration for waiver during the pendency of Ext.P6 appeal. Thereafter, the petitioner was asked to pay Rs.8,70,242/-. It is thereupon that this writ petition is filed. 6. It is stated that pursuant to the interim orders passed by this Court on 05/07/2007, the petitioner remitted Rs.3 lakhs and got the power supply restored. It is also stated that since then, he has been paying monthly instalments at Rs.15,000/- each. 7. In this writ petition, the petitioner challenges Ext.P15, mainly on the ground that the direction in Ext.P14 judgment has not been complied with. In addition to this, the petitioner is also seeking the benefit of Ext.P17 Board order giving certain concessions in the matter of penalty levied by Exts.P1 & P2. 8. In so far as the first contention that the period when Ext.P6 appeal was pending has not been considered for waiver of interest is concerned, a reading of Ext.P15 order itself show that the petitioner is well justified in his contention. As already stated, Ext.P6 appeal was pending from 07/12/2001 to 04/08/2006, and going by Ext.P14 judgment, the petitioner is entitled to waiver of interest. Therefore, the claim for waiver of interest for the aforesaid WP(C) No.20723/2007 -4- period needs to be considered in the light of the directions contained in paragraph 9 of the judgment in WP(C) No.3118/2007. This shall be considered by the 4th respondent and orders thereon shall be passed within four weeks of production of a copy of this judgment. 9. The next contention canvassed by the learned counsel for the petitioner is for the benefit of Ext.P17 Board order dated 17/04/2007. A reading of Ext.P17 order shows that in respect of the issues, which are pending in appeal, certain concessions in the matter of penalty is ordered to be given. If I am to accept the contention of the learned counsel for the petitioner that benefit of Ext.P17 is to be given, that will certainly lead to revision of Exts.P1 & P2 bills. Exts.P1 & P2 bills have already been upheld by this Court in Ext.P14 judgment referred to above. Since the bills have been upheld by this Court, it is impermissible for this Court to again order review of the very same bills in this proceedings. Therefore, I am not inclined to direct the respondents to consider the claim of the petitioner for the benefit of Ext.P17. 10. Therefore, the writ petition is disposed of directing the WP(C) No.20723/2007 -5- 4th respondent to consider and pass orders on the claim of the petitioner for waiver of interest for the period during the pendency of Ext.P6 appeal. 11. The petitioner having remitted the amount as directed in the order dated 05/07/2007, it is directed that until orders are passed and communicated to him, he need not make further remittance of monthly instalments. His liability to pay any further amount will depend upon the orders to be passed and communicated to him by the 4th respondent. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg