IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27512 of 2008(A) ---------------------------------------------- PETITIONER: ------------------ PALMA DIARY, 1/386, ATTAYAMPATHY.P.O, KERAMPARA, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING PARTNER NAZEER, S/O. IBRAHIM, AGED 35 YEARS. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (COMMERCIAL AND TARIFF), K.S.E BOARD, THIRUVANANTHAPURAM. 3. TE EXECUTIVE ENGINEER, ANTI POWER THEFT SQUAD, REGIONAL UNIT, K.S.E.B, PALAKKAD. 4. THE ASST. ENGINEER, ELECTIRCAL SECTION, K.S.E.B, VELANTHAVALAM, PALAKKAD DISTRICT. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 27512 OF 2008 A -------------------------------------- Dated this the 19th September, 2008 JUDGMENT Petitioner challenges Exts.P2 and P5. Petitioner is a consumer of electricity. He is running a Diary. There was an inspection by the third respondent. Ext.P1 is the copy of the Inspection Report. Ext.P2 is the Mahazar. Ext.P3 is the Board order dated 15.1.2003. Ext.P4 is a Judgment of this Court relied on by the petitioner. Ext.P5 is the Assessment Report and Short Assessment Bill. According to petitioner, petitioner is paying monthly bills regularly and he relies on Ext.P6 in this regard. Petitioner has preferred Ext.P7 objection against Exts.P2 and P5. 2. I heard Shri Jacob Sebastian, learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent Electricity Board. As far as Ext.P2 is concerned, petitioner has already filed objection to the same and it has to be finalised under Section 126 of the Electricity Act. There will be a direction to the fourth respondent Assistant Engineer, to WPC.27512/08 A 2 consider Ext.P7 objection of the petitioner with opportunity of hearing to the petitioner and take a decision in accordance with law, within a period of one month from the date of receipt of a copy of this Judgment. Disconnection of power supply pursuant to Ext.P2 will await the decision to be taken on the objection as aforesaid. 3. As far as Ext.P5 is concerned, it is pointed out by the learned standing counsel that the petitioner can approach the Consumer Grievance Redressal Forum, Kozhikode. Accordingly, if the petitioner approaches the Consumer Grievance Redressal Forum, Kozhikode within a period of one week from today, a decision will be taken by the Consumer Grievance Redressal Forum, Kozhikode in accordance with law with opportunity of hearing to the petitioner, within a period of two months from the date of receipt of a copy of this Judgment. Proceedings pursuant to Ext.P5 will be kept in abeyance till a decision is taken by the Consumer Grievance Redressal Forum, Kozhikode as aforesaid, upon the petitioner paying thirty per WPC.27512/08 A 3 cent of the amount demanded in Ext.P5. It is for the petitioner to file appropriate application in the proper form before the fourth respondent seeking regularisation of the additional load and the fourth respondent will consider and take a decision thereon in accordance with law. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. //True Copy// PS to Judge