The court emphasized the need to adhere to statutory time limits for billing as per the regulations, ensuring fair assessment procedures.

J U D G M E N T

The petitioner challenges Ext.P2 and P2(a) short assessment bills, alleging a difference in the multiplication factor. The petitioner had challenged the said bills before the Consumer Grievance Redressal Forum (CGRF) and the Ombudsman. Though the said authorities on facts entered some findings in favour of the petitioner, they ultimately concluded that Ext.P2 bill amounting to Rs.40,19,051/- (Forty lakhs nineteen thousand fifty one only) issued by the Board for the period from 2/2016 to 01/2022, was valid.

2. The learned counsel for the petitioner raised serious allegations about the manner in which the bills were issued and contended that several manipulations were done by the Board, which were found out by the CGRF and the Ombudsman.

3. Even if the contention of the Board is accepted in full, going by the third proviso to Regulation 152 (3) of the Kerala Electricity Supply Code , 2014, the demand should have been confined to a period of twenty-four months. The petitioner had taken this contention before the Ombudsman, as seen from the grounds of appeal, Ext.P7. The learned counsel for the petitioner submits that if the demand is reduced to a period of twenty-four months, going by the regulations, and an instalment facility granted, he is willing to pay the amount quantified as per the regulation referred above.

4. On going through the third proviso to Regulation 152(3), it is clear that the demand should have been confined to twenty-four months. Accordingly, the impugned orders are quashed to the extent it demanded more than what is contemplated by the aforesaid regulations. Fresh bills limiting it to twenty-four months shall be issued within one month. The petitioner shall pay the amount calculated by the Board in 15 equal monthly instalments. Such payment shall begin within one month from the date of receipt of the bill from the Board. Needless to say, while computing the amounts, no interest/surcharge shall be levied, going by Regulation 152 of the Electricity Supply Code. The learned Standing Counsel for the respondent Board submits that the Board has already challenged the vires of Regulation 152, and if they succeed, they may be given the liberty to take appropriate steps, in accordance with law. Liberty is granted, and in that event, the contentions of both sides on all issues are left open.

The writ petition is disposed of as above.

SD/-