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M/S. SAFA PLYWOODS PVT.LTD. versus THE KERALA STATE ELECTRICITY BOARD

High Court of Kerala

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M/S. SAFA PLYWOODS PVT.LTD. v. THE KERALA STATE ELECTRICITY BOARD - WP(C) No. 26387 of 2003(N) [2007] RD-KL 5821 (21 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26387 of 2003(N)

1. M/S. SAFA PLYWOODS PVT.LTD.,
... Petitioner

Vs

1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent

2. THE ASSISTANT ENGINEER, ANTI POWER

3. THE ASSISTANT ENGINEER, ELECTRICAL

For Petitioner :SRI.C.K.ABDUL RAHIM

For Respondent :SRI.KODOTH SREEDHARAN, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :21/03/2007

O R D E R

KURIAN JOSEPH, J.

W.P.(C). NO. 26387 OF 2003

Dated this the 21st day of March, 2007.



J U D G M E N T

This writ petition is filed with the following prayers.

i) Issue a writ of certiorari quashing Exhibits P9 & P10. ii) Issue a writ of mandamus directing respondents to re- connect the petitioner's Electrical supply, forthwith. iii) Issue a writ of mandamus directing the respondents to sent the Electric Meter dismantled from the petitioner's premises, for checking by the Regional Electrical Inspector and to make assessment of the escaped consumption if any, under the normal tariff without imposing any penalty on the petitioner.

2. The main contention of the petitioner is that, in view of the impugned action being taken after the introduction of Electricity Act, 2003, the maximum penalty can only be 150%. It is also submitted that there is no basis for charging 45% as escaped consumption, in the absence of any materials in that regard. It is for the petitioner to pursue the matter before the Appellate Authority. Therefore, this writ petition is disposed of as follows. In the event of the petitioner filing an appeal before the Deputy Chief Engineer within a period of two months from today, same shall be duly considered by the said authority with notice to the petitioner and adverting to the contentions taken by the petitioner. Appropriate orders in accordance with law shall be passed thereon expeditiously. Needful shall be done within W.P.(C) 26387/2003 2 a period of six months from date of production of a copy of this judgment. There shall be no further recovery in respect of the impugned demands till orders are passed by the Appellate Authority.

KURIAN JOSEPH, JUDGE.

smp


Copyright

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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