DR.K.MOOSA v. THE ASSISTANT ENGINEER

BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): ---------------

#1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, KUTTIADI, KOZHIKODE.

#2. THE DEPUTY CHIEF ENGINEER(APPELLATE AUTHORITY), ELECATRICAL CIRCLE, KSEBOARD, VADAKARA.

#3. THE SENIOR SUPERINTENDENT ELECTRICAL SECTION, KSEBOARD, KUTTIADI. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21064 OF 2009 ------------------------ Dated this the 27th day of July, 2009. JUDGMENT Petitioner is a Doctor by profession running a hospital with an X-ray unit.

#2. It is stated that the hospital was inspected on

21.2.2009 and according to the respondents they found unauthorized additional load of 33 KV. Based on that assessment, dues from the petitioner were assessed and Ext.P1 order was passed, confirming the liability.

#3. Aggrieved by Ext.P1, the petitioner filed Ext.P2 appeal before the 2nd respondent, remitting 50% of the amount demanded, in terms of Section 127 of the Electricity Act, 2003. The appeal is pending. For the subsequent period, based on Ext.P1 assessment, petitioner was issued Ext.P4 bill and that was paid as per Ext.P5. Now the petitioner has given Ext.P6 bill for the period subsequent to WP(c).No.21064/09 2 Ext.P4, again based on Ext.P1 order and also claiming the balance amount demanded in Ext.P1 order, 50% of which had already remitted by the petitioner, at the time when Ext.P2 appeal was filed.

#4. Counsel for the petitioner contends that, having regard to the pendency of Ext.P2 appeal and the remittance of 50% that petitioner has already made, he ought to have been billed as done, prior to Ext.P1.

#5. Admittedly, the appeal filed by the petitioner is pending. His liability to pay the amount demanded as per Ext.P1 will depend upon the orders to be passed by the 2nd respondent. In the meanwhile, the respondent could not have demanded the balance amount due under Ext.P1, as has done in Ext.P6. There is force in the submission made by the counsel for the petitioner that, during the pendency of the appeal the petitioner should not be made liable to pay the entire amount, that is due under Ext.P1, for the subsequent period also. WP(c).No.21064/09 3

#6. Taking into account the submissions made by both sides, I dispose of this writ petition with the following directions.

#7. The 2nd respondent, before whom Ext.P2 appeal filed by the petitioner is pending, shall consider the appeal with notice to the petitioner and pass final orders in the matter, as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. In the meanwhile, until orders are passed on Ext.P2 appeal, the petitioner shall pay towards the bills an amount of Rs.25,000/- on a provisional basis and the payment of balance amount will depend upon the outcome of the appeal. It is also made clear that the payment made by the petitioner as per Ext.P5, will also subject to the outcome of the appeal. Writ Petition is disposed of as above. vi/ (ANTONY DOMINIC) JUDGE WP(c).No.21064/09 4