K.T. THOMAS Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) Aggrieved by the impugned judgment of the learned Single Judge dated 24.7.2015 in Writ Petition No.17025/2007, the petitioner is before us.

(2.) The facts in brief are thus:- The appellant/petitioner is the proprietor of Hotel Arcadia in Kottayam. The fourth respondent-Kerala State Electricity Board (KSEB) is supplying electricity to the petitioner's hotel which bears consumer No.3975. On 02.04.2001, following the request of the petitioner consequent to the burning of the electricity meter, it was replaced. The monthly bills raised subsequently were being paid without fail. The petitioner contends that on 20.9.2001, without putting the petitioner to notice, the KSEB replaced the meter again and installed another one. To the surprise of the petitioner, he received Ext.P1 bill for short assessment for the period from April, 2001 to Sept., 2001 for an amount of Rs. 1,59,665.00. The petitioner states that the KSEB had never informed that the meter was defective. Ext.P1 states that the average consumption was 7845 units per month, based on the consumption for a period of six months consequent to the change of the meter. WP(C) No.30468/2005 was filed by the petitioner challenging Ext.P1 and this Court directed the petitioner to raise his objections against Ext.P1 before the concerned Assistant Engineer.

(3.) Objection filed by the petitioner before the first respondent was considered and disposed of vide Ext.P2 order, holding that the meter was replaced on 20.9.2001, since it was detected to be faulty or defective. After replacement of the meter, the average consumption came to 7845 units per month, while prior to the replacement, the total consumption for over a period of six months was only 29476 units. The Assistant Audit Officer of the KSEB directed preparation of a short assessment bill for six months period prior to the change of the meter. The appeal was dismissed.