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2017 Supreme(Online)(KER) 7713

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
SEBASTIAN K PHILIP – Appellant
Versus
KERALA STATE ELECETRICITY BOARD    Advocate - SRI JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD SRI JAICE JACOBSCKERALA STATE ELECTRICITY BOARD – Respondent


JUDGMENT

The petitioner is aggrieved with Exhibit P2 order. A reading of Exhibit P2 order would indicate that there were many litigations before this Court and at two points of time there was remand made, directing reconsideration. The petitioner had deposited Rs.80,000/- pursuant to the bill issued by virtue of two judgments of this Court, which directed payment of Rs.30,000/- and Rs.50,000/- respectively and consideration of the appeal by the Deputy Chief Engineer.

2. Suffice it to notice the facts that the Anti-Power Theft Squad [for brevity “APTS”] of the Kerala State Electricity Board [for brevity “the Board”] had conducted inspection of the petitioner’s premises on 25.07.2003. The APTS detected the pressure supply wire to the meter having been connected to the meter without removing insulations. Hence, there was no recording of power consumption. The Board initially issued a demand notice for Rs.82,561/- on 26.07.2003 and later another demand notice dated WP(C) No.16024 of 2012

25.08.2003 for Rs.1,68,828/-; making the total assessment to Rs.2,31,777/-, at three times the rate as per Section 43 of the Conditions of Supply of Electrical Energy , treating it as a case of theft of

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