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2016 Supreme(Online)(KER) 33678

HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
THE CATHOLIC REFORMATION LITERATURE SOCI – Appellant
Versus
THE ASSISTANT ENGINEER – Respondent


J U D G M E N T

This writ petition is filed challenging Ext.P9, P11, P12 and P15 and for a declaration that the petitioner is liable to be billed only under LT VIB tariff.

2. The petitioner, a charitable organization, is a low tension consumer of electricity under the 2nd respondent with Consumer No.6396 categorized under LT VIB tariff. Another charitable society in the name of Good Samaritan Project India is situated in the same premises with Consumer No.5679 which is also categorized under LT VIB tariff. It is submitted that prior to 2002, seven different consumer numbers were given under different tariffs for hospital, press, canteen, quarters, pump house, chapel etc,. Petitioner was asked to install a transformer in the premises since the total load was above 50KW. On the basis of the said request, all the works relating to the setting up of transformer was completed. Necessary amount was paid and the connections were clubbed into two consumer numbers as aforesaid cancelling the earlier numbers.

3. An inspection was conducted in the premises on

28/10/2010 and a mahazar was prepared. With reference to Consumer No.6396, it was alleged that petitioner has an unauthorised load of 41KW

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