Kerala High Court
M/S. Karappuram Residency vs Kerala State Electricity Board ... on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 25919 OF 2015
PETITIONER:
M/S. KARAPPURAM RESIDENCY
KANICHUKULANGARA, CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688 582, REPRESENTED BY ITS MANAGER.
BY ADVS.
SRI.K.H.ANSAR
SRI.JOSEPH KURIAN VALLAMATTAM
SRI.LAL K.JOSEPH
SRI.V.S.SHIRAZ BAVA
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.
VYDHYUDHIBHAVANAM, PATTAM,
THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY ITS SECRETARY.
2 THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL CIRCLE, ALAPPUZHA - 695 210.
3 THE ASSISTANT ENGINEER
(ANTI POWER THEFT SQUAD),
KERALA STATE ELECTRICITY BOARD LTD.,
THIRUVALLA, PATHANAMTHITTA DISTRICT - 695 401.
4 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL
SECTION, ARTHUNKAL, ALAPPUZHA DISTRICT - 695 210.
5 THE SPECIAL OFFICER (REVENUE)
KERALA STATE ELECTRICITY BOARD LTD.,
VYDHYUDHIBHAVANAM, PATTAM,
THIRUVANANTHAPURAM - 695 001.
BY ADV G.KEERTHIVAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.25919 of 2015
2
JUDGMENT
Dated this the 11th day of January, 2023
The petitioner is a partnership firm engaged in the
business of running hotels and resorts and is a consumer of
electricity supply from the Kerala State Electricity Board. It is
aggrieved by Exhibit P8 order dated 07.07.2015 passed by the
Deputy Chief Engineer, Electrical Circle, Alappuzha,
permitting the petitioner to compound the offence under
section 135 of the Electricity Act, 2003, the writ petition is
filed.
2. The case projected by the petitioner is that during the
pendency of the writ petition, overlooking the compounding
order, prosecution was launched against the petitioner as
Session Case No.117/2016. In the said session case, the
petitioner has pleaded guilty and has remitted a fine of
Rs.5,000/-, evident from the judgment of the Sessions Judge,
Alappuzha dated 29.07.2020, that is produced before me
today. The photocopy of the said judgment is made part of
W.P.(C)No.25919 of 2015
the record.
3. In view of the prosecution launched after Exhibit P8
compounding, in my considered opinion, nothing survives
insofar as the compounding order is concerned thus enabling
the petitioner to pay the compounding fee.
Therefore, the writ petition is allowed. Exhibit P8 order
is quashed. However, I make it clear that if any proceeding is
pending against the petitioner with respect to the electricity
charges payable on account of the additional load, nothing
prohibits the Kerala State Electricity Board from proceeding
against the petitioner in accordance with law.
Sd/-
Shaji P. Chaly
Judge
vpv
W.P.(C)No.25919 of 2015
APPENDIX OF WP(C) 25919/2015
PETITIONER EXHIBITS
EXHIBIT P1. TRUE COPY OF THE MAHAZAR DATED 15.11.2014.
EXHIBIT P2. TRUE COPY OF THE DISCONNECTION NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
15.11.2014 IN RESPECT OF THE HT CONNECTION.
EXHIBIT P2(A). TRUE COPY OF THE DISCONNECTION NOTICE
ISSUED BY THE 3RD RESPONDENT DATED
15.11.2014 IN RESPECT OF THE LT CONNECTION.
EXHIBIT P3. TRUE COPY OF THE PROVISIONAL INVOICE DATED
18.11.2014.
EXHIBIT P3(A). TRUE COPY OF THE CALCULATION STATEMENT.
EXHIBIT P4. TRUE COPY OF THE OBJECTION DATED 19.11.2014
SUBMITTED BY THE PETITIONER.
EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 21.11.2014
IN WP(C)31031/2014.
EXHIBIT P6. TRUE COPY OF THE ORDER BEARING
NO.DB-16/APTS-INSP/AE-AKL/DATED 16.12.2014
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE COMMUNICATION RECEIVED BY
THE 3RD RESPONDENT ON 23.05.2015.
EXHIBIT P8. TRUE COPY OF THE PROCEEDINGS BEARING
NO.GB1/COMPOUNDING-THEFT/2015-16/95 DATED
07.07.2015 ISSUED BY THE 2ND RESPONDENT.
//true copy//
P.A. to Judge
