IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 15483 of 2010(I) -------------------------- PETITIONER: --------------- ALEYAMMA THOMAS, W/O.V.L.THOMAS, VALLIKATTIL HOUSE, ETTUMANOOR, KOTTAYAM DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E.B, KOTTAYAM. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B, ETTUMANOOR. BY ADV. MR. P.P. THAJUDHEEN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 15483 OF 2010 ......................................................................... Dated this the 26th May, 2010 J U D G M E N T The petitioner has approached this Court with the following prayers: “i) to call for the records connected with the case leading to Ext.P5 and quash Ext. P5 by issuing a writ of certiorari. ii) to declare that the change of tariff effected by the 3rd respondent in the case of Consumer No.7706 from LT IV to LT VII A is without any authority of law and declare the same as illegal. iii) to direct the 3rd respondent to issue monthly bill of the consumer No.7706 coming under its jurisdiction under LT IV pending disposal of the writ petition. iv) to award cost for these proceedings. v) to grant such other reliefs that may be deemed just and proper by this Hon'ble Court.” 2. The learned Counsel for the petitioner submits that in connection with the alleged diversion of power/unauthorised use of energy stated as detected in the course of inspection, W.P.(C) No. 15483 OF 2010 2 the petitioner was served with Ext.P4 bill issued by the third respondent unilaterally changing the Tariff from 'L.T. IV' to 'L.T. VII A', that too for the past 12 months. It is stated that there is absolutely no power or competence for the third respondent to change the Tariff. The petitioner approached this Court by filing W.P.(C) No.11141 of 2010, wherein an interim order was passed directing to reconnect the power supply on payment of 50% of the amount; which in turn was complied with and the connection was restored. It is stated that because of involvement of other reliefs, the said Writ Petition is still pending. It is in the meanwhile that the respondents issued further bill as borne by Ext. P5 in the same Tariff, i.e., under LT.VII A, which shows that the mistake is being perpetuated without any jurisdiction or competence and hence is under challenge in this Writ Petition. 3. The learned Standing Counsel appearing for the Board submits, on instruction, that after issuance of Ext. P5 bill, the petitioner submitted an application for re-conversion of Tariff from 'LT. VII A' to 'LT. IV', pursuant to which, a spot inspection was conducted by the authorities, when it was revealed that the W.P.(C) No. 15483 OF 2010 3 unauthorised connection (taken note of and ordered to be removed as per the interim order dated 06.04.2010 in W.P.(C) No.11141 of 2010) has been removed by the petitioner and that further proceedings are being pursued in this regard. 4. In the above circumstance, the petitioner is permitted to satisfy the demand under Ext. P5 bill under LT IV A tariff, on a provisional basis, for the time being and this will be subject to finalisation of the proceedings stated as being pursued by the respondents in connection with the request of the petitioner to change the Tariff. The Writ Petition is disposed of as above, making it clear that further bills shall be issued to the petitioner only under LT IV Tariff till the matter is finalised by the respondents as above. This Judgement by itself will not confer or conclude the rights and liberties of the parties with regard to the actual issue involved. P.R. RAMACHANDRA MENON, JUDGE. lk