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2022 Supreme(Online)(KER) 41151
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943
WP(C) NO. 1619 OF 2017
PETITIONER:
THE SECRETARY, VALAYAM GRAMA PANCHAYATH
P.O.VALAYAM, KOZHIKODE DISTRICT - 673 517.
BY ADVS.
SRI.R.K.MURALEEDHARAN
SRI.N.M.RAJAGOPAL
RESPONDENTS:
1
THE ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD
LIMITED, NADAPURAM, KALLACHI P.O.,
KOZHIKODE DISTRICT - 673 517.
2
THE ASSISTANT ENGINEER
ELECTRICAL SUB DIVISION,KERALA STATE ELECTRICITY BOARD
LIMITED,NADAPURAM, KALLACHI P.O.,
KOZHIKODE DISTRICT - 673 517.
BY ADV SRI.SUDHEER GANESH KUMAR R., SC, KERALA STATE
ELECTRICITY BO
SRI.B.PREMOD, SC-KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.1619/2017
2
A party aggrieved by an assessment order under the Electricity Act must file an appeal under Section 127 of the Act.
Headnote:
ELECTRICITY ACT - SECTION 127 - APPEAL - REMEDY
Fact of the Case:
The Grama Panchayat challenged the provisional assessment order and original bill issued by the Kerala State Electricity Board without taking remedy under Section 127 of the Electricity Act.
Finding of the Court:
The court held that the Grama Panchayat should have filed an appeal under Section 127 of the Electricity Act and that the remedy for the petitioner was to prefer an appeal under Section 127 of the Electricity Act.
Issues: Whether the Grama Panchayat should have filed an appeal under Section 127 of the Electricity Act.
Ratio Decidendi: The court relied on Section 127 of the Electricity Act, which provides for an appeal to be filed against an assessment order.
Final Decision: The court relegated the petitioner to the appeal by subtracting the period pending the Writ Petition as per the provisions of Section 14 of the Limitation Act.
JUDGMENT
The Grama Panchayat has in this present Writ Petition challenged Ext.P2 provisional assessment order and Ext.P5 original bill without taking remedy under Section 127 of the Electricity Act.
2. The contention of the petitioner succinctly is that the Grama Panchayat has issued a connected load of only 1630W and on the basis of the inspection conducted by the staff of the Kerala State Electricity Board on 26.11.2012 found an excess connected load of 9720 W resulting into issues of provisional assessment order Exts.P2 and P2(a). Objections Exts.P3 and P4 were submitted but of no avail resulting into the issuance of Ext.P5. It is contended that the petitioner approached the Consumer Redressal Forum which was pending consideration. Thereafter, the second respondent also issued demand and disconnection notice Ext.P7 on 14.11.2016. It is mentioned an objection has been taken by the counsel for the Electricity Board that Ext.P7 reflected final assessment dated 21.12.2012. and the remedy was to file appeal. In fact on the same very date minutes of the proceedings and a hearing conducted by the Assistant Engineer, Electrical Section, Nadapuram were also recorded and placed on record as Ext.R1 whereby in paragraph 17 of the counter it has been stated that the Grama Panchayat has raised apologies and accepted that they are not capable of paying such huge penalty and may be exempted from the same. The aforementioned averments have not been denied by filing any reasons or any additional material. There is no such pleading in the Writ Petition that any affidavit was made to obtain the copy of the final assessment order once which was reflected in Ext.P7.
In this view of the matter, the remedy for the petitioner was to prefer an appeal under Section 127 of the Electricity Act. Accordingly, the petitioner is relegated to the appeal by subtracting the period pending the Writ Petition as per the provisions of Section
14 of the Limitation Act.
SD/- AMIT RAWAL JUDGE
EXT.P2 A TRUE COPY OF THE COMMUNICATION DATED
05.12.2012 BY THE 2ND RESPONDENT.
EXT.P2(A) A TRUE COPY OF THE PROVISIONAL BILL.
EXT.P3 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE SECRETARY, VALAYAM GRAMA PANCHAYATH DATED 07.12.2012 ALONG WITH THE GOVERNEMNT ORDER AND THE RECEIPT.
EXT.P4 A TRUE COPY OF THE OBJECTION DATED
29.10.2013.
EXT.P5 A TRUE COPY OF THE ORIGINAL BILL ISSUED BY THE 2ND RESPONDENT DATED 26.12.2012.
EXT.P6 A TRUE COPY OF THE COMPLAINT SUBMITTED TO THE CGRF, VAIDYUTHI BHAVAN, KOZHIKODE.
EXT.P7 A TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 14.11.2016.
RESPONDENTS' EXHIBITS:
EXT.R1 TRUE COPY OF THE MINUTES OF THE PROCEEDINGS/HEARING CONDUCTED BY THE ASST.EXECTIVE ENGINEER, ELECTRICAL SUB DIVISION, NADAPURAM DATED 21.12.2012
