Dismissing the writ petition, the Court held that the appellate order did not suffer from infirmities and that claims of overpayment would be addressed in future bill issuances.
The Writ Petition is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937
WP(C).No. 4559 of 2007 (P)
PETITIONER:
BHOOPATHI STEELS PVT.LTD., NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR B. RADHAKRISHNAN.
BY ADVS.SRI.K.SRIKUMAR
SRI.K.MANOJ CHANDRAN
RESPONDENTS:
R,R1 TO 5 BY ADV. SMT.P.K.RADHIKA-KSEB R BY SRI.JOSE J.MATHEIKEL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4559/2007
APPENDIX
PETITIONER(S) EXHIBITS
| EXHIBIT P1 | : TRUE COPY OF THE MAHAZAR DATED 18.01.2005 |
|---|---|
| EXHIBIT P2 | : TRUE COPY OF THE INVOICE DT. 25.01.2005. |
| EXHIBIT P3 | : TRUE COPY OF THE COVERING LETTER DT. 25.01.2005. |
| EXHIBIT P4 | : TRUE COPY OF THE APPEAL DATED 29.01.2005. |
| EXHIBIT P5 | : TRUE COPY OF THE ORDER DATED 30.01.2006. |
| EXHIBIT P6 | : TRUE COPY OF THE INVOICE DATED 28.02.2006. |
| EXHIBIT P7 | : TRUE COPY OF THE COVERING LETTER DT. 23.03.2006. |
| EXHIBIT P8 | : TRUE COPY OF THE LETTER DATED 23.03.2006. |
RESPONDENT(S) EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
WP(C) NO. 4559 OF 2007
Dated this the 22nd day of June, 2015
JUDGMENT
The inspection was done on 18.01.2005 by the Anti Power
Theft Squad along with the staff of the TMR division. The same revealed the following:
(i) The window glass of the meter box
was found to be loose.
(ii) The covering place at the back
side of TTB of the meter was found removed.
(iii) The installation of the wire leads
from the CT was found to be tampered and exposed.
has been a tampering of the meter in circuit. A full fledged inspection had earlier been conducted at 19.10.2004. It was therefore reasonable to hold that the power theft would have occurred at a later date in October, 2004. The appellate authority has also granted relief to the petitioner by charging one and half times instead of two times for the load above
2
WP(C) No. 4559/2007
contract demand.
The Writ Petition is dismissed. No costs.
V. CHITAMBARESH JUDGE
ncd
BHOOPATHI STEELS PVT.LTD.
KERALA STATE ELECTRICITY BOARD
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
