Luqman Ali Muhammed, Represented by his Power of Attorney Holder, V. Moidu vs Kerala State Electricity Board and The Asst. Engineer Kerala State Electricity Board

C.N. Ramachandran Nair, J.—Appeal is filed against judgment of the learned Single Judge declining to interfere with disputed electricity bill in writ proceedings for the reason that an effective statutory remedy by way of appeal is available to the appellant. Appellant is also given time till tomorrow to file the appeal. However, appellant''s case is that in order to maintain the appeal, 50% of the disputed bill is payable which is around Rs. 11 lakhs. Counsel for the appellant submitted that the penal bill is raised for the reason that Villa owners were allowed domestic use of power supplied to appellant for construction purpose. His specific case is that commercial tariff at which appellant is paying the bill is higher than domestic tariff for which power supply was diverted.

Standing Counsel for KSEB submitted that appellant has no authority to divert supply of power for domestic purpose from the connection given for commercial purpose.

After hearing both sides, we feel appellant is entitled to a further relief in regard to payment for maintainability of appeal. We, therefore, reduce the payment from 50% to Rs. 2.5 lakhs for payment of which we grant further two weeks time from today to the appellant and to file appeal. If payment is made and appeal is filed as above, there will be direction to the appellate authority to hear the appellant and dispose of the appeal within two months from date of filing the appeal. Disconnection and recovery proceedings will remain stayed for two weeks from now and if Rs. 2.5 lakhs is paid, recovery of the balance will remain stayed for three months and thereafter recovery will be based on orders in appeal. However, appellant will pay regular bills notwithstanding the dispute in appeal against the disputed bill. Writ Appeal is disposed of modifying the judgment of the learned Single Judge as above.

KSEB can disconnect supply to all the Villas unless the owners apply for and get the connection. We feel if people are already residing in the Villas, Board should by retaining the connection consider regularisation on compliance with all the formalities so that they are not put to difficulty.