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2013 Supreme(Ker) 936

C.K.ABDUL REHIM
Wilson – Appellant
Versus
Kerala State Electricity Board Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioner:Sri. M.K. Dileep Kumar, Advocate.
For the Respondent: Sri. V. Binoy Ram, Smt. Nazeeba O.H., SC, Kerala State Electricity Board, Sri Jaice Jacob, SC, Kerala State Electricity Board.

JUDGMENT :

C.K. ABDUL REHIM, J.

1. Challenge in this writ petition is against revenue recovery steps initiated by virtue of Exts.P4 and P5 notices issued against the petitioner. The amount sought to be recovered is the penalty imposed under Section 126 of the Electricity Act, 2003. The petitioner was the registered consumer with respect to electric connection, bearing Consumer No. 4925, which now stands disconnected and dismantled. There was an inspection conducted at the premises by the Anti-power Theft Squad (APTS) on 23.8.2007. Alleging detection of theft of electricity by way of tampering of the Electric Meter, a criminal case was instituted against the 4th respondent, who is the brother of the petitioner, as Crime No. 278/2007 of Puthukad Police Station. It is evident that, based on the inspection, penalty was imposed invoking Section 126 of the Electricity Act, 2003. The provisional order of penalty was subjected to challenge before this Court in W.P(C) No. 28086/2007 by the 4th respondent. Address of the petitioner in that case is shown as, "A.R. Anto, S/o. Rappai, C/o. A.R. Wilson, Alukkal House, Thalore, Thrissur District". A.R. Wilson is the petitioner herein. This Court in






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