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K.M. Jahana vs Assistant Engineer, Electrical Section and Assistant Executive Engineer Electrical Sub Division, KSEB

High Court Of Kerala · Decided on 3 January 2013 · Citation: (2013) 01 KL CK 0001

HON’BLE JUDGES
V. Chitambaresh, J
CASE NUMBER
W.P. (C) No. 228 of 2013 (C)

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Judgment

2 paragraphs · 190 words

V. Chitambaresh, J.—Ext. P3 is the provisional bill issued to the petitioner for detection of alleged unauthorised load. Ext. P4 is the explanation submitted by the petitioner to the provisional bill. Ext. P5 order followed directing the petitioner to pay a sum of Rs. 1,17,336/- (Rupees One lakh seventeen thousand three hundred and thirty six only) on this count. Ext. P5 order as well as Ext. P6 final bill issued pursuant thereto are open to challenge in an appeal. An appeal lies to the Deputy Chief Engineer u/s 127 of the Electricity Act, 2003. I therefore relegate the petitioner to the appellate remedy wherein all the questions could be agitated. It is open to the petitioner to claim the benefit of the voluntary disclosure scheme as well in the appeal. The appellate authority can consider whether the benefit of the scheme could be extended to the petitioner or not. The electricity connection to the petitioner shall not be snapped for a period of two weeks from today. This is for the purpose of enabling the petitioner to work out his statutory remedy as above.

The Writ Petition is disposed of.