Allowed

R.P.Musthafa v. Kerala State Electricity Board

Kerala HC27 May 2014WP(C)/10012/2014

Case brief

AI extract

What is this about?

This petition concerned an appeal against a provisional electricity bill. The High Court directed the appellate authority to dispose of the appeal on merits within three months after giving a personal hearing and restrained the recovery of the balance amount during the pendency of the appeal.

What did the court decide?

Directed the 2nd respondent to dispose of the appeal on merits within three months and restrain collection of the balance amount pending such disposal.

R.P.Musthafa Vs Kerala State Electricity Board — Service and Employment | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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TUESDAY, THE 27TH DAY OF MAY 2014/6TH JYAISHTA, 1936

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WP(C).No. 10012 of 2014 (B)

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PETITIONER(S):

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R.P.MUSTHAFA SULAIKHA'S, P.O.PAPPINISSERY, KANNUR DISTRICT REPRESENTED BY P.P.UMMER HAJI, S/O. IBRAHIM, SHUHAIBAS NARATH P.O., KANNUR DISTRICT.

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BY ADV. SRI.P.M.PAREETH

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RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695014.

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2. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, SOUTH BAZAR, KANNUR-670002.

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3. ASSISTANT ENGINEER ELECTRICAL SECTION, KANNUR-670002.

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R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10012 of 2014 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1- A TRUE PHOTOCOPY OF THE POWER OF ATTORNEY DATED 31-03-2014 EXECUTED BY THE PETITIONER.

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EXHIBIT P2- A TRUE PHOTOCOPY OF THE MAHAZAR DATED 24-09-2012 RECEIVED FROM THE OFFICE OF THE 3RD RESPONDENT.

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EXHIBIT P3- A TRUE PHOTOCOPY OF THE PROVISIONAL INVOICE FOR RS.236640/- DATED 16-10-2012 TOGETHER WITH THE PROCEEDINGS NO. BB 2012-2013/UAL/112 DATED 19-10-2012 OF THE 3RD RESPONDENT.

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EXHIBIT P4- A TRUE PHOTOCOPY OF THE OBJECTION DATED 04-11-2012.

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EXHIBIT P5- A TRUE PHOTOCOPY OF THE FINAL BILL DATED 01-11-2012 DEMANDING AN AMOUNT OF RS.236640/-

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EXHIBIT P6- A TRUE PHOTOCOPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P7- A TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 13-03-2014 ISSUED BY DR. T.K.SABEER, DIA CARE, KANNUR.

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EXHIBIT P8- A TRUE PHOTOCOPY OF THE RECEIPT DATED 20-02-2014 FOR RS.1,68,346/-.

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EXHIBIT P9- A TRUE PHOTOCOPY OF THE ORDER DATED 20-02-2014 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

C.K. ABDUL REHIM, J.

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W.P.(C). No. 10012 of 2014

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--------------------------------------------------Dated this the 27^th day of May, 2014

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JUDGMENT

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Ext.P3 is a provisional order of assessment issued by the 3^rd respondent against the petitioner, under Section 126 of the Electricity Act 2003. Ext.P3(a) is the demand accompanying the provisional order. The petitioner had submitted Ext.P4 objection against the provisional assessment. But Ext.P5 demand notice was issued styling the same as final bill under Section 126.

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Contention of the petitioner is that the 3^rd respondent had failed in considering the objections and in passing the final order enumerating any reasons for discarding those objections. However, aggrieved by the final bill the petitioner had approached the 2^nd respondent in appeal under Section 127 of the Electricity Act 2003. Evidently the petitioner had remitted 50% of the amount demanded under Ext.P5 in order to satisfy the precondition contemplated under Section 127. But the 2^nd respondent had issued Ext.P9 order directing remittance

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W.P.(C). No. 10012 of 2014 -2-

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of the balance amount in five equal monthly installments stating that the petitioner had requested for making payment of the amount in installments.

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The 2^nd respondent is the statutory authority conferred with power to deal with the appeal under Section 127. Once the appeal is filed after satisfying payment of 50% as the precondition, the said authority has to deal with the appeal on merits. The petitioner affirms that he had never made any request for permitting installment facility, before the 2^nd respondent. If the consumer is insisted upon for payment of the entire amount assessed, pending disposal of the appeal, the cause agitated will become infructuous and the purpose of the appeal will be defeated. Therefore it is only just and proper to refrain collection of the balance amount till the disposal of the appeal. Considering the fact that the petitioner had invoked the appellate remedy, it is only just and proper to direct the 2^nd respondent to deal with the appeal on merits and to dispose of the same.

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Hence this writ petition is disposed of by

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W.P.(C). No. 10012 of 2014

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-3-

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directing the 2^nd respondent to consider Ext.P6 appeal and to dispose of the same on merits, after affording opportunity of personal hearing of the petitioner. The appeal shall be disposed of at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.

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Till such time the appeal is disposed of as directed above, collection and recovery of the balance amount covered under Ext.P5 demand, shall be kept in abeyance.

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Sd/-

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C.K. ABDUL REHIM, JUDGE

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R.P.Musthafa v. Kerala State Electricity Board

Case brief

What is this about?

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R.P.Musthafa v. Kerala State Electricity Board

Case brief

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What did the court decide?

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