The petitioners have approached this Court with the following prayers:
“i. Issue a writ of certiorari or other appropriate writ order or direction quashing the originals of Exts. P4 and P5.
ii. To declare that the 2nd respondent has no authority or jurisdiction to hear and decide the appeal under S.127 of the electricity Act, 2003.
iii. To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to collect electricity charges from the petitioner under the LT I-A tariff and not under LT VII-A tariff until the adjudication process of challenged inspection is completed.”
2. The 1st petitioner is a Residents' Association and the 2nd petitioner is an office bearer of the said Association. On 18.9.2014, there was a surprise inspection on the premises of the residential apartment complex, pursuant to which, the petitioners were served with Ext.P1 provisional bill along with Ext.P2 Mahazar. The petitioners submitted Ext.P3 objection as well. However, without any regard to the actual facts and figures, the proceedings were finalized and Ext.P4 order dated 16.10.2014 W.P.C. No. 28320 of 2014 -2-
has been passed, requiring the petitioners to satisfy the amount as per Ext.P5 as well. This made the petitioners to approach this Court. The contention of the petitioners is that, no appellate authority has been constituted to challenge the proceedings as envisaged under Section 127 of the Indian Electricity Act, 2003 and hence the writ petition.
3. Heard the learned Standing Counsel as well.
4. During the course of hearing, it is brought to the notice of this Court that, the constitution of the appellate authority notified earlier (i.e., the Deputy Chief Engineer of the KSEB), was held as not in conformity with the statutory requirement. Accordingly, the same was intercepted by a Division Bench of this Court as per judgment dated 7.7.2014 in W.P.(C).No. 11906 of 2009. It is also brought to the notice of this Court that, pursuant to further proceedings, a proper appellate authority has been notified by the State Government as per notification bearing No. G.O.(P) No. 34/2014/PD dated 15.10.2014. A copy of the relevant notification is also placed before this Court for consideration.
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5. In the above circumstance, the petitioners are relegated to avail the statutory remedy by filing necessary proceedings before the notified authority in accordance with law. The coercive proceedings shall be kept in abeyance on condition that the petitioners satisfy 50% of the disputed liability so as to maintain and pursue the appeal. If any such deposit is effected within 'two weeks' and an appeal is filed accordingly, the same shall be considered and appropriate orders shall be passed in accordance with law, as expeditiously as possible. The writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned authority for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
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