The petitioner filed this writ petition seeking the following reliefs: “1) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Exhibit P1 and P2 series and quash the same.
2) A direction to the 2nd respondent to intimate the petitioner with accompaniment of a mahazar as to which and which capacitors connected to which motors are faulty after conducting an inspection in the petitioner's installation relating to consumer No. 7859 and 2221 and to grant reasonable opportunity to him rectify the defects.
3) A declaration to the effect that the demands in Exhibit P1 and P2 penal bills are wrongful and not payable by the petitioner in view of the violation of the specific directions of this Honourable Court in Exhibit P3 judgment and for having denied adequate opportunity to the petitioner to rectify the alleged defects in the capacitors relating to the consumer No.7859 and 2221.”
The petitioner is conducting an SSI unit drawing Electricity from Consumer No.7859 and 2221 under the control of the 3rd respondent. The petitioner is liable to pay electricity charge under LT IV tariff. On 22.09.2009, the petitioner received two penal bills for ₹22,862/- and ₹1,55,578/- in respect of the above consumer numbers. Against that bill, the petitioner submitted a representation before the 3rd respondent, which was rejected. Hence, this writ petition.
2. When the matter came up for hearing, the learned counsel appearing for the respondents produced a copy of letter issued by the Asst. Engineer, Electrical Section, KSEB to the learned Standing counsel for the KSEB, which reads as follows:
“I may intimate the following facts regarding the WP No.27137/2009 (J) of M/S Bushara Ply Woods Con No2221 of Electrical Section Valapattanam. The capacitors installed in the premises of the consumer was not working and hence for low power factor penalty was imposed on the consumer on 29/9/2009, amounting to Rs1,55,578/= vide bill no 92753. On noticing the fact that a BO NO (FB) No.681/2004 (LAV/5 108/2003) dtd 17-3-
2004 of Secretary KSEB based on the judgment of Hon High Court of Kerala dtd 20/11/2003 in WA No 1811/2003 against judgment on OP No 10494/2003, clearly stating that two weeks time shall be allowed to the consumer to rectify the defect, the penalty bill issued to the consumer was revised and withdrawn with effect from 7/10/2009 itself.
On the basis of above it is humbly submitted that the WP is not valid as on date.”
In view of the above, I am of the opinion that there is no necessity to continue this matter and it is dismissed accordingly.
acd P.D. RAJAN, JUDGE.