V RAJAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is a person, who runs a cable TV network. The cable TV network unit is also in the premises of his residence. For the residence, he has a domestic electricity connection. For the cable TV network unit the petitioner has a LT VIIA tariff connection. The Anti Power Theft Squad of the Electricity Board inspected the premises of the petitioner and prepared Ext.P2 mahazar, wherein they recorded that for the cable TV network unit, the petitioner had been using electricity from the domestic connection by using appropriate plugs installed for that purpose. They also recorded that going by the probable consumption of electricity for the cable TV network unit, which works round the clock, the consumption of that unit is low compared to the domestic connection, which is abnormally high. The petitioner signed Ext.P2 mahazar acknowledging that the statements therein are correct. Thereafter, the petitioner was served with Ext.P3 penal bill for Rs. 40,068/-. It is challenging Exts.P2 and P3, the petitioner has filed this writ petition seeking the following reliefs;

(2.) THE contention of the petitioner is that the petitioner was coerced into signing Ext.P2 mahazar under threat of disconnection, which would prejudicially affect his business and, therefore, the fact that the petitioner signed the mahazar cannot be taken as a ground for imposing penal charges for the electricity consumed by the petitioner.

(3.) IN this writ petition, on 24.5.2007, this Court had passed the following interim order: