IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23577 of 2009(N) -------------------------- PETITIONER(S): --------------- XAVIER MATHEW, S/O. E.V.MATHAI, AGED 55, EDACKATTUKUDIYIL HOUSE, KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI.KKM.SHERIF MR.LAL K JOSEPH MR.ZIYAD RAHMAN MS.SHEENA SAMUEL MR.SHIRAZ BAVA V.S. RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE PERUMBAVOOR. 3. THE ASISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,MUVATTUPUZHA. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, VELLAYAMBALAM, THIRUVANANTHAPURAM REP. BY ITS CHAIRMAN. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 MS.SREEDEVI KYLASANATH, SC FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No. 23577 of 2009 --------------------------------- Dated, this the 18th day of August, 2009 J U D G M E N T The petitioner is running a theater, where electrical energy supplied is being charged under LT VII C tariff. On the basis that there in an unauthorised additional load of 3 KW, the petitioner was issued Ext.P1 penal bill demanding a sum of Rs.80,511/-. This is for the period from June, 2005 to July, 2008. It is seen that Ext.P1 obviously is a provisional demand, and to which Ext.P7 objection has been filed by the petitioner. It is at this stage, this writ petition is filed raising contention regarding the illegality of Ext.P1. 2. In my view, it is the 3rd respondent, who has to consider the objections raised by the petitioner against Ext.P1, and only after final order is passed, and availing of statutory remedy, can the petitioner approach this Court. Therefore, this writ petition is disposed of directing the 3rd respondent to consider Ext.P1 in the light of Ext.P7 objection filed by the petitioner, with notice to the petitioner and after affording him an opportunity of hearing. This WP(C) No.23577/2009 -2- shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. Needless to say that until the matter is finalised, disconnection of power supply shall not be effected. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg