IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 28675 of 2009(D) -------------------------- PETITIONER(S): --------------- E.MOHAMMED THAHA, CHAIRMAN,P.A.AZIZ,COLLEGE OF ENGINEERING AND TECHNOLOGY,KARAKULAM,THIRUVANANTHAPURAM. BY ADV. MR.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. K.S.E.B.,REP.BY ITS SECRETARY, VIDYUTHI BHAVAN,THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, (DISTRIBUTION-SOUTH),POWER HOUSE, KSEB,THIRUVANANTHAPURAM. 3. ASSISTANT ENGINEER, KSEB,ELECTRICAL SECTION, PEROORKADA,THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER, K.S.E.B.,ELECTRICAL DIVISION, POWER HOUSE,THIRUVANANTHAPURAM. BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 28675 of 2009 ................................................. Dated this the 25th day of November, 2009 J U D G M E N T The petitioner is an educational institution. They have a temporary electricity connection for the purpose of construction of the buildings of the college. Presently the college is functioning also. They have installed generators for the purpose. The officers of the board inspected the premises and prepared a Mahazar wherein it was found that the petitioner was unauthorisedly using the electricity supplied for the purpose of construction of building, for purposes of running the college. They found that the petitioner has installed a Change Over Switch, for change over of electricity from the Electricity Board line and the generator. Alleging that this is unauthorised use of electricity, penalty has been imposed on the petitioner. The petitioner is challenging the same. 2. A statement has been filed by the standing counsel stating that originally a provisional invoice was issued and after considering the objections of the petitioner, a final order has also been passed. It is further submitted that the consumption W.P(C) No. 28675 of 2009 -2- recorded is not commensurate with the authorised load of the petitioner. It is also submitted that the petitioner has a statutory appellate remedy under Section 127 of the Electricity Act. I am of opinion that the petitioner should avail of the alternate remedy first, especially since technical questions are involved in the matter which can be more appropriately dealt with by people in the know of such matters. Accordingly, without prejudice to the right of the petitioner to seek appellate remedies, I dismiss this writ petition. However in order to enable the petitioner to seek appellate remedies, I direct that the electricity supply shall not be disconnected for a period of one month. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge