Kerala High Court
P.S. Stephen vs Kerala State Electricity Board on 12 March, 2025
WP(C) NO. 4561 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
WP(C) NO. 4561 OF 2023
PETITIONER:
P.S. STEPHEN,
AGED 58 YEARS
S/O. STEPHEN, PINAKKAT (H), MALOTH, DARKAS P.O.,
KASARAGOD-671533, PIN - 671533
BY ADV L.RAJESH NARAYAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD,
REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695001, PIN - 695001
2 SUB ENGINEER, ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD, BEEMANADY P.O.,
KASARAGOD- 671314, PIN - 671314
3 ASSISTANT EXECUTIVE ENGINEER,
ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD,
KASARAGOD-671121, PIN - 671121
4 ASSISTANT ENGINEER G.,
ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD,
KASARAGOD-671121, PIN - 671121
5 ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, NILESHWAR, KASARAGOD-671314,
PIN - 671314
BY ADVS.
B.PREMOD
ARUNKUMAR A., SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court challenging
Exts.P1 and P8 demands made on the petitioner for electricity
charges on the allegation that there was unauthorized use of
electricity. The allegation against the petitioner is that the
petitioner was using the electricity connection granted for domestic
purposes for running a catering unit in his residence. The petitioner
challenged the demand before the Consumer Disputes Redressal
Commission, Kasargod. While the proceedings were pending before
the Consumer Disputes Redressal Commission, an interim order
was passed for reconnecting the electric supply to the residence of
the petitioner. The said order was challenged by the Board before
the State Consumer Disputes Redressal Commission and the State
Consumer Disputes Redressal Commission, by Ext.P7 order, set
aside the interim order and also found that the complaint filed by
the petitioner before the Consumer Disputes Redressal Forum was
not maintainable in law.
2. Following the order of the State Consumer Disputes
Redressal Commission, Ext.P8 communication was issued to the
petitioner, calling upon the petitioner to remit the amounts due in
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terms of Ext.P1 provisional bill which has become final through
Ext.P2 proceedings.
3. The learned counsel appearing for the petitioner raised
various contentions and submitted that there is no material
whatsoever to reach a conclusion that the petitioner was running a
catering unit in the residential house belonging to him. It is
submitted that the petitioner's son is running a catering unit which
is 2 kms away from the residence of the petitioner. It is further
submitted that an Advocate Commissioner appointed by the
Consumer Disputes Redressal Forum, Kasargod visited the premises
in question and the report of the Advocate Commissioner indicates
that apart from normal appliances for residential use, no other
machinery or any other equipment was found justifying the
conclusion that the petitioner was running a catering unit in the
residential house. It is also submitted that in such circumstances,
Ext.P1 provisional bill and Ext.P8 demand are liable to be set aside.
4. Learned standing counsel appearing for the State Electricity
Board vehemently opposes the grant of any relief to the petitioner.
It is submitted that following Ext.P1 provisional bill, the matter was
adjudicated and Ext.P2 final order was issued determining the
amounts payable by the petitioner. It is submitted that Ext.P2 has
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not been challenged by the petitioner by filing any appeal, nor is it
challenged in this Writ Petition. It is submitted that the contentions
now taken before this Court cannot be sustained as the same will
require the adjudication of disputed questions of fact. It is
submitted that the petitioner is, therefore, liable to pay the amounts
demanded at Exts.P1 and P8.
5. Having heard the learned counsel for the petitioner and the
learned counsel appearing for the respondent Board, I am of the
view that the learned counsel for the respondent Board is right in
contending that the petitioner has not made out any ground for
interference with Exts.P1 and P8 in exercise of the jurisdiction
vested with this Court under Article 226 of the Constitution of India.
The petitioner has a case that the allegation against the petitioner
is incorrect. However he admits that his son is running a catering
unit. The fact that the Advocate Commissioner appointed by the
Consumer Disputes Redressal Forum, Kasargod did not notice any
equipment or machinery justifying the conclusion that the petitioner
was running a catering unit, it must be noted that the Commission
report was prepared about 2 months after the date of inspection.
That apart, though the petitioner had an appellate remedy against
Ext.P2, the petitioner did not choose to avail any such remedy. In
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such circumstances, I am of the view that no relief can be granted
to the petitioner in this Writ Petition. However, considering the
entirety of the facts and circumstances in the case, I direct that if
the petitioner pays the principal amount due from him, ie,
Rs.46,907/- [Rs.61,907-Rs.15,000 (already paid)], within a period of
two weeks from the date of receipt of a certified copy of this
judgment, the petitioner shall be relieved from the liability to pay
interest/surcharge.
This Writ Petition is ordered accordingly.
sd/-
GOPINATH P.
JUDGE
Nsd
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APPENDIX OF WP(C) 4561/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE PROVISIONAL INVOICE DATED
11.4.2019
Exhibit P-2 TRUE COPY OF THE ORDER DATED 13.05.2019 NO.
ESD-NLR/APTS-INSPN/TMU/19-20/DATED 13.05.2019
Exhibit P-3 TRUE COPY OF THE COMPLAINT NO. 107/2019 DATED
06.06.2019 BEFORE THE HON'BLE CONSUMER
DISPUTES REDRESSAL FORUM, KASARGOD
Exhibit P-4 TRUE COPY OF THE COMMISSION REPORT DATED
Exhibit P-5 TRUE COPY OF THE ORDER DATED 05.10.2019 IN IA
Exhibit P-6 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT
OF THE AMOUNT OF RS. 15,000/- DATED
01.11.2019
Exhibit P-7 TRUE COPY OF THE ORDER DATED 11.07.2022 IN RP
NO. 4/2021 OF THE HON'BLE STATE CONSUMER
DISPUTES REDRESSAL COMMISSION,
THIRUVANANTHAPURAM
Exhibit P-8 TRUE COPY OF THE NOTICE DATED 31.01.2023 NO.
CDRF/2022-2023/BDY-267
