A penal assessment finalised under section 126 of the Electricity Act 2003, is under challenge in this writ petition. The petitioner is provided with an electric connection at an Auditorium, wherein an inspection was conducted on 10.12.2008. Unauthorised additional load of 7 KW over and above the sanctioned load of 5 KW was detected. A provisional bill was issued proposing penalty to the tune of Rs.41,443/-. The petitioner filed objections against the provisional assessment. The objections were considered and rejected and the assessment was finalised, after affording opportunity of personal hearing, through Ext.P8 order. It is challenging Ext.P8 order, this writ petition is filed. 2. It is to be noticed that the petitioner has got an effective statutory remedy of appeal as contemplated under section 127. This writ petition filed without resorting to such remedy cannot be entertained. Eventhough the petitioner had raised a challenge against the validity of Regulation 51(1) of the KSEB Terms and Conditions of Supply 2005, this court do not find any sustainable grounds existing to declare that the Regulation are illegal or unsustainable. None of the grounds raised in this writ petition are appealing to this court warranting interference.
3. However, learned counsel for the petitioner pointed out that levy of electricity duty imposed in the penal bill is unsustainable, which is acceptable in view of the position remaining settled. Evidently there is no much dispute with respect to the additional connected load detected. Hence this court is of the opinion that the challenge against Ext.P8 fails inn alla other respect.
4. Considering the fact that the petitioner was bonafidely prosecuting the matter before this court, levy of penal interest/surcharge can be waived. So also the amount of electricity duty demanded in the impugned order is not sustainable.
5. Therefore the writ petition is disposed of by directing the 3rd responder to issue a revised bill in accordance with the observations contained hereinabove within two weeks from the date of receipt of a copy of this judgment. The petitioner shall remit the balance amount if any due under the revised bill, within a period of 2 weeks from the date of receipt of such bill. It is made clear that on failure to pay the amount if any due within the time stipulated as above, the petitioner will be liable for payment of penal interest/surcharge as per the relevant statute.
C.K.ABDUL REHIM, JUDGE pmn/