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M/S.CENTURY INDUSTRIES versus KERALA STATE ELECTRICITY BOARD

High Court of Kerala

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M/S.CENTURY INDUSTRIES v. KERALA STATE ELECTRICITY BOARD - WP(C) No. 10633 of 2006(N) [2007] RD-KL 16305 (22 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10633 of 2006(N)

1. M/S.CENTURY INDUSTRIES,
... Petitioner

Vs

1. KERALA STATE ELECTRICITY BOARD,
... Respondent

2. DEPUTY CHIEF ENGINEER,

3. ASSISTANT ENGINEER,

For Petitioner :SRI.NISHIN GEORGE VIJAYABABU

For Respondent :SRI.JOSE J.MATHEIKEL, SC, KSEB

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :22/08/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.

WP(C) No. 10633 of 2006

Dated, this the 22nd day of August, 2007



J U D G M E N T

Petitioner is challenging Ext.P7 order, whereunder the Deputy Chief Engineer granted only partial relief on petitioner's appeal against penal electricity bill. I heard learned counsel for the petitioner and the learned Standing Counsel for KSEB. Petitioner's argument is that he has not tampered with the meter. Petitioner has also relied on a certificate by the Field Engineer of the KSEB that meter was OK. However, on going through Ext.P7, I find, penal bill is raised based on the findings of Anti Power Theft Squad after inspection that petitioner tampered with interior connections in the meter by interchanging pressure coil connections and thereby permitting recording of only 16% of the actual consumption. The meter was checked by using standard Achuckeck and it was found that only 16% of the consumption of the energy was recorded. Besides this, it was found that the outside seal of the meter was fake and manipulated. I do not think there is any justification to reverse the findings because all these facts are found based on evidence collected during inspection by Anti Power Theft Squad. I WP(C) No. 10633/2006 find that the Deputy Chief Engineer has granted substantial relief by estimating consumption only for 2 shifts a day i.e for 16 hours a day and evaded consumption originally fixed at 85% was reduced to 75%. Moreover, working of the factory was favourably estimated at only for 25 days in a month and the penal bill is charged only for six months in terms of the statute. Therefore, there is no ground to interfere with Ext.P7 order in appeal, which is a well reasoned order. However, petitioner is granted two equal monthly instalments to clear the arrears, first of which will be paid on or before 20/09/2007 and the balance on or before 20/10/2007. This writ petition is accordingly dismissed.

(C.N.RAMACHANDRAN NAIR, JUDGE.)

jg


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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