Mr.Benjith Baby Vs. Assistant Engineer, Apts, Kerala State Electricity Board - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096140
CourtKerala High Court
Decided OnOct-25-2013
JudgeHONOURABLE MR.JUSTICE C.K.ABDUL REHIM
AppellantMr.Benjith Baby
RespondentAssistant Engineer, Apts, Kerala State Electricity Board
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.k.abdul rehim friday, the25h day of october20133rd karthika, 1935 wp(c).no. 26108 of 2013 (k) ---------------------------- petitioner : -------------------------- mr.benjith baby,aged32 s/o.baby thomas, mylaady house, 4a-skyline, prime rose, lpc cross road, kaloor,kochi-17. by adv. sri.p.v.george(puthiyidam) respondent(s): ---------------------------- 1. assistant engineer, apts, kerala state electricity board, ernakulam, kaloor, kochi-17 2. the assistant engineer, electrical section, kerala state electricity board, kaloor, kochi-17 3. the sub engineer, electrical section, kerala state electricity board, kaloor, kochi-17 4. kerala state electricity board, represented by its chairman, vydyuthi bhavan, thiruvananthapuram-695 001. r1 to r4 by adv. sri.jaice jacob,sc,kseb this writ petition (civil) having come up for admission on2510-2013, the court on the same day delivered the following: sts wp(c)no.26108/2013 appendix petitioner's exhibits: p1 copy of the death certificate of petitioner's father baby thomas dated1412/2010 p2 copy of the mahazar prepared by3d respondent dated1910/2013 p3 copy of the provisional bill dated1910/2013 issued to consumer no.16345. respondent's exhibits: nil /true copy/ p.a.to.judge sts c.k. abdul rehim, j.------------------------------------------------- w.p.(c) no. 26108 of2013k ------------------------------------------------- dated this the25h day of october, 2013. judgment petitioner is the son of deceased sri. baby thomas, who was the registered consumer of electric supply provided with con. no.16345, under the 3rd respondent. the anti-power theft squad (apts) conducted an inspection at the premises on 19-10-2013. alleging detection of tampering on the electric meter and thereby abstraction of energy, a provisional assessment was issued under section 126, as per ext.p3. according to learned counsel for the petitioner a detailed objection to the provisional assessment has already been submitted before the 2nd respondent. now the electric supply stands disconnected, even before finalisation of the assessment. hence the petitioner seeks direction for restoration of the electric supply as well as for consideration of the objection and finalisation of assessment in accordance with the procedure contemplated under section 126. w.p.(c) no.26108/2013 -2- 2. heard; counsel for the petitioner and standing counsel appearing for the respondents. learned standing counsel submitted that the electric supply was disconnected on detection of theft of energy, under section 135 of the electricity act, 2003. it is pointed out that the electric supply can be restored only if the assessed amount is remitted by the consumer.3. the third proviso to sub section (1a) of section 135 provides that, electric supply disconnected on the allegation of theft can be restored without prejudice to the obligation to lodge complaint, in case the consumer deposits or makes payment of the amount assessed in accordance with the provisions of the act. but in a case where the assessment is not finalised in accordance with section 126 of the act, the consumer is not in a position to deposit the amount. hence there is no justification in insisting payment of the entire amount provisionally assessed for re-connection of supply. therefore i am of the opinion that an equitable relief can be granted by way of w.p.(c) no.26108/2013 -3- ordering re-connection pending finalisation of the assessment, subject to conditions.4. under the above mentioned circumstances the writ petition is disposed of directing the 2nd respondent to consider objections if any filed by the petitioner against ext.p3 and to finalise the assessment after following the procedure contemplated under section 126, after affording an opportunity of personal hearing.5. pending finalisation of assessment as directed above, electric supply to the petitioner's premises shall be restored subject to condition of the petitioner remitting a sum of rs.20,000/-, on a provisional basis, which shall be adjusted against the amount of penalty if any finally imposed.6. it is made clear that all the objections available against imposition of penalty and the assessment in ext.p3 are left open for agitation. sd/- c.k. abdul rehim, judge. amg true copy p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE25H DAY OF OCTOBER20133RD KARTHIKA, 1935 WP(C).No. 26108 of 2013 (K) ---------------------------- PETITIONER : -------------------------- MR.BENJITH BABY,AGED32 S/O.BABY THOMAS, MYLAADY HOUSE, 4A-SKYLINE, PRIME ROSE, LPC CROSS ROAD, KALOOR,KOCHI-17. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): ---------------------------- 1. ASSISTANT ENGINEER, APTS, KERALA STATE ELECTRICITY BOARD, ERNAKULAM, KALOOR, KOCHI-17 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KALOOR, KOCHI-17 3. THE SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KALOOR, KOCHI-17 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001. R1 TO R4 BY ADV. SRI.JAICE JACOB,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2510-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26108/2013 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEATH CERTIFICATE OF PETITIONER'S FATHER BABY THOMAS DATED1412/2010 P2 COPY OF THE MAHAZAR PREPARED BY3D RESPONDENT DATED1910/2013 P3 COPY OF THE PROVISIONAL BILL DATED1910/2013 ISSUED TO CONSUMER NO.16345. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 26108 OF2013K ------------------------------------------------- DATED THIS THE25h DAY OF OCTOBER, 2013.

JUDGMENT

Petitioner is the son of deceased Sri. Baby Thomas, who was the registered consumer of electric supply provided with Con. No.16345, under the 3rd respondent. The Anti-Power Theft Squad (APTS) conducted an inspection at the premises on 19-10-2013. Alleging detection of tampering on the Electric Meter and thereby abstraction of energy, a provisional assessment was issued under Section 126, as per Ext.P3. According to learned counsel for the petitioner a detailed objection to the provisional assessment has already been submitted before the 2nd respondent. Now the electric supply stands disconnected, even before finalisation of the assessment. Hence the petitioner seeks direction for restoration of the electric supply as well as for consideration of the objection and finalisation of assessment in accordance with the procedure contemplated under Section 126. W.P.(c) No.26108/2013 -2- 2. Heard; counsel for the petitioner and Standing counsel appearing for the respondents. Learned Standing counsel submitted that the electric supply was disconnected on detection of theft of energy, under Section 135 of the Electricity Act, 2003. It is pointed out that the electric supply can be restored only if the assessed amount is remitted by the consumer.

3. The third proviso to sub section (1A) of Section 135 provides that, electric supply disconnected on the allegation of theft can be restored without prejudice to the obligation to lodge complaint, in case the consumer deposits or makes payment of the amount assessed in accordance with the provisions of the Act. But in a case where the assessment is not finalised in accordance with Section 126 of the Act, the consumer is not in a position to deposit the amount. Hence there is no justification in insisting payment of the entire amount provisionally assessed for re-connection of supply. Therefore I am of the opinion that an equitable relief can be granted by way of W.P.(c) No.26108/2013 -3- ordering re-connection pending finalisation of the assessment, subject to conditions.

4. Under the above mentioned circumstances the writ petition is disposed of directing the 2nd respondent to consider objections if any filed by the petitioner against Ext.P3 and to finalise the assessment after following the procedure contemplated under Section 126, after affording an opportunity of personal hearing.

5. Pending finalisation of assessment as directed above, electric supply to the petitioner's premises shall be restored subject to condition of the petitioner remitting a sum of Rs.20,000/-, on a provisional basis, which shall be adjusted against the amount of penalty if any finally imposed.

6. It is made clear that all the objections available against imposition of penalty and the assessment in Ext.P3 are left open for agitation. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge