A valid assessment of electricity charges can be upheld when based on credible findings of meter tampering.

J U D G M E N T

Petitioner challenges Exts.P6 and P8 by which the Assistant Engineer had confirmed the demand of Rs.1,83,052/- on the ground that there had been short assessment on account of tampering of meter. The petitioner preferred an appeal before the appellate authority which came to be rejected as per Ext.P8 order dated 19/07/2016.

2. The short facts involved in the writ petition would disclose that Anti Power Theft Squad had conducted an inspection in the premises of the petitioner on 15/10/2007. They prepared Ext.P2 mahazer, in which it is stated that there was tampering of the meter and taking into consideration the possible power that might have been utilised for the connected load, an assessment has been made. Perusal of Ext.P6 proceeding and Ext.P8 appellate order would indicate that the authorities had considered the entire issues and had confirmed the finding.

W.P.C.No.5954/ 2009

3. Though it is contended by the learned counsel for the petitioner that the petitioner had not tampered with the meter, it could be seen from the averments made in the mahazar itself that there had been manipulation of the meter, as a result of which, the meter was not showing the correct reading. When the demand had been made based on such finding of fact, it is not open for this Court to sit in judgment over the same. Under such circumstances, in the absence of any error in the demand made, there is no reason to interfere with the impugned orders.

This writ petition is, therefore, dismissed.

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