C.K.SALIM Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) AN obvious mix -up, probably not intended either by the consumer or the Board, is placed for resolution in the above writ petition. The petitioner is the Managing Partner of a partnership firm, which is a consumer of the respondent, Kerala State Electricity Board(for brevity, "the Board"). The petitioner assails Ext.P5 bill issued by the Board reassessing the monthly consumption of the previous six months pursuant to an inspection of the Anti Power Theft Squad(ATPS) conducted on 30.07.2005. A later inspection on 18.05.2006 of the APTS has also been the subject matter of a separate litigation; which also is projected as being intertwined with the earlier inspection of the APTS. A brief history of the litigation hence is necessary.

(2.) THE firm in which the petitioner is the Managing Partner at present, was consistently before this Court challenging the two inspections; in earlier litigations, by three writ petitions numbered as W.P.(C) Nos.14884 of 2006, 16667 of 2006 and 16188 of 2007. Since the bulwark of the contentions of the petitioner was raised on the non -compliance of the various orders passed in the above writ petitions this Court called for the Judges Papers in the said writ petitions and the documents found therein are also referred to in this judgment.

(3.) THE bill issued viz., Ext.P5, was a provisional bill. However, the petitioner did not approach the APTS with any objection but straightaway filed an appeal before the Deputy Chief Engineer(APTS). The Deputy Chief Engineer, APTS by an order dated 02.07.2005 stayed further proceedings in the case, on condition of payment of the 1/3rd of the invoice amount. The said order is produced as Ext.P4 in W.P.(c) No.14884 of 2006. The petitioner made the payments in accordance with the said order and hence continued to enjoy the power connection. The meter which was alleged to have been tampered with was also replaced with a new meter. Then the second inspection dated 18.05.2006 was conducted and the mahazar prepared on such inspection is produced as Ext.P13.