IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 34223 of 2005(Y) ---------------------------------------- PETITIONER(S): ------------------------ C.M. SHAMSUDEEN, S/O. MUHAMMED, CHEMBANDAKATHU VEEDU, PALAPPETTY P.O., MALAPPURAM DISTRICT. BY ADVS. MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.ZEENATH.V.U. RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PONNANI. 3. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, PONNANI. BY ADV.MR.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO R3 MR.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34223/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT OF HIGH COURT OF KERALA IN WA. NO.1963/04 DT. 28.10.04. P2:- COPY OF THE PROCEEDINGS OF THE CHAIRMAN OF THE IST RESPONDENT NO. IA. VI/18561/04 DT. 24.12.04. P3:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT NO.GB/GEN1/2004-05/1812 DT. 4.2.05. P4:- COPY OF THE LETTER DT. 24.2.05 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE CHAIRMAN OF THE IST RESPONDENT DT. 8.8.04. P6:- COPY OF THE JUDGMENT IN WPC. NO.17698/04 DT. 23.8.04. TRUE COPY P.A. TO JUDGE TSS ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34223 of 2005 --------------------------------- Dated, this the 15th day of June, 2009 J U D G M E N T The petitioner challenges Exts.P2 & P3. 2. It is stated that the petitioner is an agriculturist having a three phase connection. According to the petitioner, in July, 1996, the meter installed in his premises was found defective, and the bills were not issued thereafter. There were several litigations between the parties and finally, in Ext.P2 order passed by the Chairman of the Board in pursuance to the judgment in Writ Appeal No1963/2004, the liability of the petitioner was quantified at Rs.52,997/-. In pursuance to Ext.P2, Ext.P3 was issued by the Executive Engineer, Ponnani. It is these proceedings which are under challenge. 3. The main contention that is raised by the petitioner before this Court is that while quantifying the liability under Exts.P2 & P3, Rs.10,000/- paid by the petitioner following the directions in the judgment in O.P.No.7395/2002 was not given credit. Yet WP(C) No.34223/2005 -2- another complaint is regarding the levy of Rs.410/- for the period from 18 months from December, 1997 to May, 1999 and also Rs.538/- for 12 months from June 1999 to May, 2000. 4. The learned standing counsel for the respondent Board submits that after the spot billing system was introduced in June, 2002, since the meter was lying faulty at that time, it was taking the average of the subsequent six months' consumption that the demand was raised. It is also stated that the complaint of the petitioner regarding the calculation made in Exts.P2 & P3, can be re-examined by the 3rd respondent. 5. Taking into account the submissions thus made, I dispose of the writ petition directing the 3rd respondent to examine:- (1) whether in calculating the dues of the petitioner as per Exts.P2 & P3, Rs.10,000/- paid by the petitioner in pursuance to the judgment in O.P.No.7395/2002 was given credit; (2) whether levy of Rs.410/- for 18 months from December 1997 to May 1999, and Rs.538/- for 12 months from June 1999 to May 2000 was also justified while taking the average of the consumption WP(C) No.34223/2005 -3- for the period subsequent to June, 2000. It is directed that once the calculation is made as above, it will be open to the respondent Board to demand the actual dues from the petitioner. 6. The petitioner shall produce a copy of this judgment, before the 3rd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg