The petitioner, the consumer under the 3rd respondent has approached this Court seeking writ of certiorari to quash the demand made in Exts.P6 and P6(a) and seeking a writ of mandamus directing the respondents not to levy monthly charges under LT VII A tariff. 2. The petitioner is having 5 electricity connections under the 3rd respondent with Consumer Nos.1426, 1427, 1430, 1431 and 18749. The dispute, which is the subject matter in this Writ Petition, relates to Consumer No.1430 under LT V agricultural tariff.
3. An inspection was conducted in the petitioner's premises on 15/12/2011, in which it was detected that the electricity from Consumer No.1430 under LT V agricultural tariff was being used for pumping water for commercial supply, which falls under the commercial tariff LT VII.
Therefore, the petitioner was issued with Ext.P2 demanding total sum of ₹4,11,566/-. Against the demand made in Ext.P2, the petitioner submits Ext.P3 objection.
4. By Ext.P5 judgment in W.P.(C)No.399 of 2012 this Court directed the 3rd respondent to dispose of Ext.P3 objection within a period of one month from the date of receipt of a copy of the judgment. It was made clear that the electricity connection to the premises shall not be snapped pending disposal of Ext.P3 objection. It was also made clear that the petitioner is at liberty to regularise the connection for additional load to avert penal bills for the future period.
5. Pursuant to the direction contained in Ext.P5 judgment, the 3rd respondent issued Exts.P6 and P6(a) demands and it is aggrieved by the same the petitioner has approached this Court in this Writ Petition. By interim order dated 23/7/2013 this Court stayed collection of penal fixed charges to the tune of ₹3,920/- demanded under Ext.P8 for a period of one month.
6. Heard the arguments of the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
7. As far as the demand made in Ext.P6 notices are concerned, the petitioner is having an alternative remedy by way of appeal as provided under Section 127 of the Electricity Act, 2003. A Division Bench of this Court in W.P.(C).No.24714 of 2012 and connected cases directed the Government of Kerala to appoint the Appellate Authority as contemplated under Section 127 of the Electricity Act, 2003 as expeditiously as possible. Pursuant to the direction contained in the said judgment the Government by G.O.(P)No.34/2014/PD dated 15/10/2014 have already notified Sri.K.K.unni, Retired Chief Electrical Inspector as the appellate authority. Therefore, if the petitioner is aggrieved by Ext.P6 demand, the remedy open to the petitioner is to file a statutory appeal before the appellate authority as contemplated under the Act. Therefore, this Writ Petition is disposed of without prejudice to the right of the petitioner to move the appellate authority constituted under Section 127 of the Act. The petitioner shall move the said appellate authority with a statutory appeal, after complying with the statutory requirements, within a period of one month from today along with a certified copy of this judgment. If such appeal is filed, the appellate authority shall consider and pass appropriate orders thereof as expeditiously as possible.
With the above observation, the Writ Petition is disposed of.
skj ANIL K.NARENDRAN, JUDGE