KERALA STATE ELECTRICITY BOARD Vs. T.A.KURUVILLA

JUDGEMENT

(1.) FIRST defendant is the appellant. The plaintiff filed a suit for declaration that Ext.A2 bill issued by the appellant - KSEB (hereinafter referred to as 'Board') is an invalid one and also for a prohibitory injunction restraining the first defendant/appellant from disconnecting the power supply of the plaintiff, whose Consumer Number is 684.

(2.) THE first defendant resisted the suit contending that the suit is not maintainable. It was contended that Anti -Power Theft Squad have conducted inspection at the plaintiff's premises on 26.2.2004 and during that inspection the cover and seal of the electric meter installed in the premises was found in a broken stage and that a heating load of 5KW was connected in the second phase of the C.T. Meter also. Further it was alleged that the disc of the electric meter was found rotating in anti -clockwise direction and so, it was showing only 1/3rd of the actual consumption of electricity by the plaintiff. According to them, they prepared a site mahazar, which was attested by the Quality Control Assistant and the Manager of the plaintiff's firm. Based on the defect so noticed, a bill was issued to the plaintiff for a sum of Rs.67,891/ -. It was challenging the said re -assessment, the suit was filed.

(3.) BEFORE the trial court Exts.A1 to A3 were marked on the side of the plaintiff. On the side of the defendants DW1 and DW2 were examined and Exts.B1 and B2, the mahazar prepared by the Anti -Power Theft Squad and inspection report were marked.