AMMINI JOSEPH Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) These Writ Appeals are directed against the order of the learned Single Judge in W.P.(C) No. 17797/2004. The matter relates to the levy of electrical energy charges. The appellant is a widow and the electricity connection was given during her husband's lifetime. The meter is defective, is a fact found by the Electrical Inspector under Sub-section 6 of Section 26 of the Indian Electricity Act, 1910. This aspect has become final. The question is about the calculation to be made and the Electrical Inspector himself is given the power under the above provision, who has to make assessment pursuant to decision by him about the faultness of the meter. But he has further delegated the power after recording that the meter was defective and the assessment has been made by, an Officer of the Electricity Board which is impermissible under the above provision. It was the Electrical Inspector who has recorded the finding that the meter was faulty, to make an assessment as per Sub-section 6 of Section 26 of the Indian Electricity Act. In the above circumstances, the assessment made by respondent No. 2 is set aside. The matter is remitted back to the Electrical Inspector to make an assessment pursuant to the finding recorded already and in consonance with the statutory provision mentioned above. This exercise will be made by the Electrical Inspector within two months from the date of receipt of a copy of this judgment. Till such time, status quo as today will be maintained. It is needless to mention that Exts.P-3 and P-4 which have been issued are automatically quashed. We may also clarify one aspect. If the amount already paid by the appellant exceeds the amount to be assessed by the Electrical Inspector pursuant to this order, the said excess amount shall be adjusted in future bills payable by the appellant.