ASSISTANT EXECUTIVE ENGINEER Vs. ARUN R. CHANDRAN

JUDGEMENT

(1.) The short question to be decided in this writ petition is whether the impugned Ext.P5 order is correct in holding that Ext.P1 short assessment bill raised by the Kerala State Electricity Board (KSEB) for the period from April, 2010, to March, 2011 is barred by limitation under Sec. 56(2) of the Electricity Act, 2003 (for short, "the Act").

(2.) The writ petition is filed by the KSEB challenging Ext.P5 order passed by the second respondent - the Consumer Grievance Redressal Forum. The case projected in the writ petition is that the premises of the first respondent, Sri.Arun R. Chandran (consumer), was inspected by the Anti Power Theft Squad (APTS) of the KSEB during March, 2010, and found that the first respondent consumer was using unauthorized additional load of 4 kw in addition to the registered connected load of 14 kw. The penal bill issued to the first respondent was paid without any objection. The unauthorized additional load was regularized by the first respondent only in March, 2011. Thereafter, Ext.P1 short assessment bill for penal charges for the subsequent months for the unauthorized additional load from April, 2010 to March, 2011, was issued to the first respondent on 17/8/2015 on the basis of an audit of the Electric Sec. , Kodakara, conducted on 3/9/2012. Though the first respondent filed an objection before the Assistant Engineer, it was rejected confirming Ext.P1. Challenging this, the first respondent filed a petition before the second respondent and as per Ext.P5 order, the second respondent cancelled Ext.P1 short assessment bill, holding that the said demand was raised after four years without showing the same as arrears recoverable in the subsequent bills. Aggrieved by Ext.P5, the KSEB has come up before this Court with the writ petition.

(3.) Heard the learned Standing Counsel for the petitioner/KSEB as well as the learned counsel for the first respondent.