The petitioner is having an industrial connection with Consumer No.205704 under the Electrical Section, Angamaly, with a connected load of 28 KW. On 28/4/2009, the petitioner's premises was inspected by the Anti-power Theft Squad. Alleging that an unauthorised additional load of 14.4 KW was detected in the said inspection, the petitioner was issued with Ext.P1 demand notice along with Ext.P2 site mahazar. On receipt of Exts.P1 and P2 the petitioner submitted Ext.P3 reply to the Assistant Engineer, Electrical Section, Angamaly. The Assistant Engineer by Ext.P4 order dated 08/7/2009 modified the demand charging the petitioner for a connected load of 34.224 KW from 4/08, 40.970 KW from 4/09 and 42.770KW from 5/09 onwards. Pursuant to Ext.P4, Ext.P5 revised bill was issued to the petitioner. It is aggrieved by the demand made in Ext.P5 the petitioner has approached this Court in this Writ Petition and by order dated 28/8/2009 this Court granted an interim stay of Exts.P4 and P5 on condition that the petitioner remits 50% of the amount due within one week from the date of order. 2. The respondent/Board has also filed a memo in order to treat the counter affidavit filed in W.P.(C)No.17725 of 2009 as that in this Writ Petition.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent/Board. I have considered the rival submissions made at the Bar.
4. The grievance of the petitioner is against the demand made in Ext.P5 which is based on Ext.P4 order passed by the Assistant Engineer, Electrical Section, Angamaly. As can be seen from records, the said demand is made after considering Ext.P3 reply submitted by the petitioner to Ext.P1 provisional demand originally made. If the petitioner is aggrieved by the demand made in Ext.P5 he is having an effective alternative remedy by way of appeal as provided under Section 127 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’). However, in the course of hearing, it is brought to my notice that the relevant order constituting the Appellate Authority has already been set aside by a Division Bench of this Court as per judgment dated 07.07.2014 in Writ Petition No.24714 of 2012 and connected cases. Paragraph 13 of the said judgment reads as follows:
“13. Such being the case, the appointment of the Deputy Chief Engineers now effected by G.O.(P) No.20/2014/PD dated 28.05.2014, cannot be upheld and the Government will have to make a fresh appointment satisfying the requirements of Section 127 of the Appellate Authority Rules. Insofar as the order in R.P. the order shows that Rule 3 of the Appellate Authority Rules was noticed by this Court when this order was passed. Therefore, the order being per incuriam, cannot be relied to sustain the designation of Deputy Chief Engineers as the Appellate Authority. Therefore, these writ petitions are disposed of with the following directions:
1. The Government of Kerala shall appoint the Appellate Authority as contemplated under Section 127 of the Electricity Act, 2003 and the Appeal to the Appellate Authority Rules, 2004. This shall be done as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment.
2. Once the Appellate Authority is so constituted, the appeals that are already filed by the writ petitioners and which are pending before the Deputy Chief Engineers, who were appointed by virtue of G.O.(P) No.27/2012, shall be transferred to the Appellate Authority and the Appellate Authority shall consider and decide those appeals on merits.
3. Such of the writ petitioners who have not filed appeals against the orders of assessment under Section 126 of the Act, shall file appeals as provided under Section 127 of the Electricity Act within one month of constitution of the Appellate Authority as directed above and if such appeals are filed, the same shall be dealt with on merits and disposed of accordingly.
4. Except in the case of the writ petitioners in W.P.(C).No.15560 of 2013, the remittances made by the other writ petitioners in compliance of he order passed by this Court will be given credit towards the requirement of Section 127(2) of the Act and if there is any short fall in 50% required to be made good, the differential amount shall be remitted by the petitioners. Insofar as W.P.(C). No.15560 of 2013 is concerned, his appeal will be entertained without insisting on any condition of Pre-deposit.
We clarify that we have not dealt with the merits of the contentions raised by the respective parties which are to be agitated and decided by the Appellate Authority...”
5. The learned Standing Counsel for the respondent/Board submitted that steps are being taken by the State Government to notify the appellate authority.
6. I find that the petitioner in this Writ Petition is also entitled to have similar treatment and accordingly the petitioner is set at liberty to pursue appeal, if any, against the demand made in Ext.P5, under Section 126 of the Act before the competent authority, as and when the said authority is notified. Such appeal shall be preferred within two weeks from the date of notification of the appellate authority. The Assistant Engineer, Electrical Section, Angamaly, shall inform the petitioner as to the constitution of the appellate authority.
7. The interim order granted by this Court on 28/8/2009 shall continue to be in force till finalization of the said appeal, in case the petitioner has already complied with the condition contained therein to remit 50% of the amount demanded in Ext.P5.
The Writ Petition is disposed of accordingly.
Sd/-
skj ANIL K.NARENDRAN, JUDGE