M/S. KOYA'S HOSPITAL Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) PETITIONER is challenging Ext.P5 order issued by the 1st respondent under Section 126 (3) of the Electricity Act, 2003. Under Section 127 a statutory remedy of appeal is provided against the impugned order. Learned counsel for the petitioner contended that the impugned order is per se illegal and unsustainable because the demand raised is only with respect to balance amounts due after giving credit to energy charges already remitted. According to him, the amount of assessment under Section 126 should have been raised for the total electricity charges proportionate to the unauthorised connected load without giving credit of electricity charges already remitted. In such case the pre- condition of deposit under Section 127 would have been satisfied by remittances of electricity charges already paid, is the contention.

(2.) IN a statement filed by the standing counsel for respondents 1 and 3, detailed split up of the penal bill is furnished. It indicates that electricity charges due on consumption for 12 months period with respect to 55 KWA unauthorised load is computed and penalised at two times. The final assessment is made after giving credit to the amounts of energy charges already remitted by the petitioner under the regular monthly bills for the said period of 12 months. If the petitioner has got any dispute with respect to the method of calculation, it is a matter for him to agitate in the appeal.

(3.) SINCE I do not find any special circumstances existing to entertain this writ petition which is filed byepassing the statutory remedy, the writ petition deserve no consideration.