Citation : 2025 Latest Caselaw 9712 Ker
Judgement Date : 15 October, 2025
WP(C) NO. 19533 OF 2024 1
2025:KER:76687
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
WP(C) NO. 19533 OF 2024
PETITIONER:
JOSE KUTTIYANI,
AGED 84 YEARS
S/O JOSEPH, KUTTIYANIKKAL HOUSE, THODUPUZHA, IDUKKI
DISTRICT, PIN - 685584
BY ADVS.
SHRI.ABRAHAM MATHEW (VETTOOR)
SRI.ANIL ABEY JOSE
SMT.VISHNUJA P.M.
SHRI.AMAL TOM
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LIMITED,
REGISTERED OFFICE VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS, CHAIRMAN AND
MANAGING DIRECTOR, PIN - 695004
2 THE DEPUTY CHIEF ENGINEER,
TRANSMISSION CIRCLE, NEAR PRIVATE BUS STAND, THODUPUZHA,
THODUPUZHA, PIN - 685584
3 THE EXECUTIVE ENGINEER,
TRANSMISSION CIRCLE, NEAR PRIVATE BUS STAND, THODUPUZHA,
THODUPUZHA, PIN - 685584
4 THE ASSISTANT EXECUTIVE ENGINEER,
TRANSMISSION CIRCLE, NEAR PRIVATE BUS STAND, THODUPUZHA,
THODUPUZHA, PIN - 685584
5 ELECTRICAL INSPECTORATE,
WP(C) NO. 19533 OF 2024 2
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REPRESENTED BY THE ELECTRICAL INSPECTOR, PALAKKATTU KUNNEL
BUILDING, MOOLAMATTOM.P.O, IDUKKI, PIN - 685589
SRI. NIRMAL S., SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19533 OF 2024 3
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JUDGMENT
The writ petition is filed with the following prayers:
"(i) Issue a writ of certiorari or other appropriate writ, orders or direction quashing Exts.P1 bill issued to the petitioner for payment of an amount of Rs.24,460/- towards the residential connection under consumer number 1156186000012 of Thodupuzha Electrical section.
(ii) Issue a writ of mandamus or other appropriate writ, orders or direction commanding respondents to refer Ext. P2 complaint to the 5th respondent to find out the actual reason for the exaggerated billing occurred as per Ext.P1.
(iii) Issue appropriate direction to the respondents 1 to 4 to collect the average of the bill amount for the previous 3 billing periods from the petitioner pending consideration of Ext.P2 by the competent authority including the 5th respondent and not to disconnect the power supply to the petitioner pending settlement and resolution of the dispute.
(iv) To stay all further proceedings for disconnection of power supply to the petitioner's residential house bearing consumer number 1156186000012 pending disposal of the writ petition.
(v) To grant such other reliefs which the petitioners may seek from time to time and this Hon'ble Court may deem fit to be granted in the circumstances of the case."
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2. A statement has been filed by the respondent Board on
12.08.2025, which reads as follows:
"4) Thereafter a net regular bill was issued on 04-07-2024 for Rs.
13,829/-, which the consumer claimed also to be excessively high. The petitioner stating that the matter is under consideration before this Hon'ble Court failed to remit the same. 4) Accordingly, this bill was also marked as "dispute." From the next regular bill onwards, the petitioner has been paying the electricity charges regularly.
5) It is respectfully submitted that the electricity dues as against the petitioner as on 12/8/25 is Rs 38,270/- which he is legally bound to remit. True copy of the extract of the Oruma NET consumer profile of the petitioner is produced herewith and marked as Annexure R2(a)."
3. The learned counsel for the petitioner seeks an instalment
facility to pay off the amount of Rs 38,270/- (Rupees thirty-eight thousand
two hundred and seventy only).
4. Taking note of the fact that the petitioner is paying the regular
bills, he is permitted to pay off the amount stated above in 12 equal
monthly instalments starting from 01 November 2025, and subsequent
instalments shall be paid on or before the 01st day of every succeeding
month. In case there are two defaults during this period, the petitioner
will lose the benefit of the said judgment, and the respondent will be free
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to proceed in accordance with law.
The writ petition is disposed of as above.
Sd/-MOHAMMED NIAS C.P. JUDGE
lsn
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APPENDIX OF WP(C) 19533/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ELECTRICITY BILL SO ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 03-05-
Exhibit P2 A TRUE COPY OF THE COMPLIANT SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE TEXT MESSAGE RECEIVED BY THE PETITIONER 28-03-2024 CALLING UPON HIM TO REMIT AN AMOUNT OF RS.2,843/- ON OR BEFORE 30-03-2024 Exhibit P4 TRUE COPY OF THE TEXT MESSAGE RECEIVED BY THE PETITIONER 05-01-2024 CALLING UPON HIM TO REMIT AN AMOUNT OF RS.5,493/- ON OR BEFORE 12-01-2024 Exhibit P5 TRUE COPY OF THE TEXT MESSAGE RECEIVED BY THE PETITIONER 05-11-2023 CALLING UPON HIM TO REMIT AN AMOUNT OF RS.6,401/- ON OR BEFORE 13-11-2023 Exhibit P6 TRUE COPY OF THE TEXT MESSAGE RECEIVED BY THE PETITIONER 03-09-2023 CALLING UPON HIM TO REMIT AN AMOUNT OF RS.4,206/- ON OR BEFORE 12-09-2023 Exhibit P7 TRUE COPY OF THE TEXT MESSAGE SO RECEIVED BY THE PETITIONER ON 04-07-2023 FOR PAYMENT OF AN AMOUNT OF RS.1,299/- ON OR BEFORE 29-07-2023 Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 10-06-2024 Exhibit P9 A TRUE COPY OF THE ELECTRICITY BILL SO ISSUED BY THE RESPONDENTS TO THE PETITIONER DATED 04-07-
RESPONDENT ANNEXURES
Annexure R2(a) True copy of the extract of the Oruma NET consumer profile of the petitioner
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