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2020 Supreme(Online)(KER) 43479

M/S. PERUMALIL GRANITES – Appellant
Versus
THE KERALA STATE ELECTRICITY BOARD – Respondent


Advocates:
['ROY CHACKO', '', 'SRI K C VINCENT', 'SRI N SATHEESH', 'STANDING COUNSEL B/O']

J U D G M E N T

Abdul Rehim, J.

The petitioner in W.P.(C) No.31474/2013 is the appellant herein, challenging dismissal of the writ petition through judgment dated 14th August, 2019. The respondents are the respondents in the writ petition.

2. A penal assessment under 126 of the Electricity Act, 2003(for short, 'the Act') was finalized against the writ petitioner, with respect to an industrial connection provided to him, based on an inspection conducted at his premises on 15.11.2008, alleging usage of unauthorized additional load. The provisional assessment issued demanding payment of a total sum of `

3,34,700/-, was confirmed through the final order issued, which was challenged in a statutory appeal filed under Section 127 of the Act. On dismissal of the appeal as time barred, the writ petitioner took up the matter before this court in W.P.(C) No.21674/2009. This court passed an interim order in W.P.(C) 21674/2009 directing reconnection of the supply, presumably because the petitioner has already remitted 50% of the amount assessed, to satisfy the pre-requisite condition for filing of the statutory appeal. Consequent to the interim order, supply was reconnected to the establishment of

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