IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY TUESDAY, THE 20TH DAY OF DECEMBER 2011/29TH AGRAHAYANA 1933 WPC.No. 21313 of 2003 (K) ------------------------- PETITIONER(S): ---------------------- 1. J.J. CONFECTIONERY PVT. LTD., KINGINIMATTOM P.O., KOLENCHERY, REPRESENTED BY ITS MANAGING DIRECTOR BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.RAJESH THOMAS RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER (COMMERCIAL), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KOLENCHERY. 5. ELECTRICAL INSPECTOR, RAVIPURAM, KURISUPALLY ROAD, KOCHI-15. * R6. CHIEF ENGINEER(COMMERCIAL), KERALA STATE ELECTRICITY BOARD. VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. *(ADDL. R6 IS IMPLEADED VIDE JUDGMENT DATED 20/12/2011) R1 TO R4 BY SRI.P.SANTHALINGAM, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20- 12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.No. 21313 of 2003 (K) APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE RELEVANT EXTRACT OF THE HT AGREEMENT DATED 01/11/1994. P2: COPY OF THE NOTICE DATED 25/02/2003. P3: COPY OF THE REVISED BILL FOR THE PERIOD FROM 06/2002 TO 01/2003. P4: COPY OF THE MONTHLY BILLS FOR THE MONTH OF 06/2002 TO 12/2002. P5: COPY OF THE SANCTION ORDER DATED 25/01/2002 PASSED BY THE 5TH RESPONDENT. P6: COPY OF THE APPEAL DATED 08/03/2003. P7: COPY OF THE JUDGMENT DATED 11.03.2003 IN O.P.NO. 8240/2003. P8: COPY OF THE ORDER DATED 28/05/2003. P9: COPY OF THE BOARD ORDER DATED 15.01.2003. P10: COPY OF THE DEMAND DATED 16.06.2003. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE ds B.P.RAY, J. - - - - - - - - - - W.P.C. NO. 21313 OF 2003 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2011 J U D G M E N T Chief Engineer (Commercial), Kerala State Electricity Board is impleaded in this writ petition as additional respondent No. 6. 2. Petitioner has filed this writ petition with the following prayers: “ i. To call for the records leading to Exts.P2, P3, P8 and P10 and quash the same by issuing a writ of certiorari. ii. To declare that as far as HT consumers are concerned in the cases of exceeding the contract demand the clause applicable is Clause 15 of the HT agreement and not Regulation 42 (d) of the Conditions of Supply of Electrical Energy. Iii. To declare that Ext. P9 Board order is not applicable to the petitioner in the light of Clause 20 of the HT agreement.” 3. The case of the petitioner is that the petitioner is W.P.C.No.21313/2003 -2- the HT consumer and he has not taken energy more than what is provided in the agreement. It is also submitted that under Clause 14(a), a consumer is liable for excess demand drawn at 150% of the demand charges notified by the Board from time to time. 4. The petitioner is executed an agreement with the respondents for a total connected load of 220 KVA. While so a surprise inspection was conducted at the premises of the petitioner on 18-12-2002 by the officers of the KSEB and found that the total load at the premises was 448.19 KW in the place of sanctioned connected load of 167.214 KW. Therefore, this present proceedings initiated against the petitioner submits that they are not given the inspection report. As a result, the petitioner was denied an opportunity to present his case before the authorities concerned. 5. I have heard learned counsel for the petitioner and learned Standing Counsel for the KSEB. In my considered view, petitioner should be given another opportunity to W.P.C.No.21313/2003 -3- present his case before the Assessing Authority. Therefore, without expressing any opinion on the merits of the case, I remit the matter to additional respondent No. 6 who shall adjudicate the dispute between the parties and shall pass an order within three months from the date of receipt of a copy of this judgment. In order to avoid delay, let the petitioner appear before additional respondent No.6, Chief Engineer (Commercial), KSEB on 9th of January, 2012. I direct the respondent to supply relevant inspection report to the petitioner so as to file an objection, if any, by the petitioner. The petitioner shall file an objection within 15 days from the date of supply of inspection report. Accordingly, this writ petition is disposed of. B.P. RAY, JUDGE. ds