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2014 Supreme(Online)(KER) 15624

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
LEELAMANI – Appellant
Versus
THE ASST ENGINEER ELECTRICAL SECTION KALLIYOOR – Respondent


JUDGMENT

The petitioner has approached this Court with the following prayers :

“(i) A writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts. P6, P7 and P9 and to set aside the same.

(ii) To declare that the petitioner is not liable to pay the penalty demand in Exhibit P6 and P7 'faux pas if misuse' which is not contemplated under Section 126 of the Electricity Act.

(iii) To issue such other reliefs that this Hon'ble Court may deem fit and proper considering the nature and circumstances of this case.”

2. The case of the petitioner is that, the petitioner owns a three storied building, of which two floors have been rented out to a co- operative society. In tune with the demand made by the tenant, the petitioner effected some alterations with regard to installation and submitted Exts. P1 and P2 applications in respect of consumer No.

11283 and 11295 for sanctioning additional load. According to the petitioner, the said applications are still pending. In the meanwhile, an inspection was conducted at the premises of the petitioner issuing Exts. P3 and P4 provisional assessment orders, which came to be finalized as per Exts

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