IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19093 of 2008(W) -------------------------- PETITIONER: ------------ FR.MATHEW ELAPPANICKAL, FINANCE OFFICER SYRO MALABAR MAJOR ARCHIEPISCOPAL CURIA, MOUNT ST.THOMAS, KAKKANAD (P.O), KOCHI-682 030. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.N.SREEKUMAR SRI.HARISH ABRAHAM RESPONDENTS: ------------- 1. THE SENIOR SUPERINTENDENT,ELECTRICAL SECTION, THRIKKAKARA-682 030. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THRIKKAKARA. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19093 of 2008 -------------------------- Dated this the 26th June, 2008 J U D G M E N T Petitioner is aggrieved by Exhibits P6 to P10. Apparently, these are penal bills and these have been issued purportedly pursuant to a local inspection made on 17.6.2008. 2. Learned counsel for the petitioner submits that the basis for the levy of payment of penal charges is not evident from Exhibits P6 to P10 and petitioner is aggrieved by the same. Had the basis been revealed then it would be possible for the consumer to submit his objections thereto. An enquiry is contemplated under Section 126 (1) of the Electricity Act, 2003. 3. Having heard the learned counsel for the petitioner and learned standing counsel for the Electricity Board, the writ petition is disposed of directing the 2nd respondent to issue a notice to the petitioner incorporating the basis on which bills - Exhibits P6 to P10 W.P ( C) No. 19093 of 2008 2 have been issued. Thereupon, the petitioner shall be granted three weeks time to file objections thereto. An enquiry shall be conducted by the competent officer under Section 126 (1) of the Electricity Act, 2003 and then an order shall be passed on such objections, justifying the levy of penal charges, if such proposal is confirmed. The entire proceedings shall be completed within a period of two months from today. In circumstances where Exhibits P6 to P10 are directed to be treated as provisional bills, obviously, the enforcement of the same shall only be subject to the order to be passed by the 2nd respondent in the manner aforementioned. (V.GIRI, JUDGE) ma W.P ( C) No. 19093 of 2008 3 W.P ( C) No. 19093 of 2008 4