IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 13356 of 2009(L) -------------------------- PETITIONER(S): --------------- M.P.KUNHAHAMMED KUTTY, AGED 46, S/O.MUHAMMED KUNHI, RESIDING AT SUNEERA MANZIL, AZHEEKOD, MALAPPURAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, POWER MINISTRY, SECRETARIAT, TRIVANDRUM. 2. PRINCIPAL SECRETARY TO THE GOVERNMENT, POWER MINISTRY, SECRETARIAT, TRIVANDRUM. 3. ASSISTANT ENGINEER, K.S.E.B., EDAVANNA. 4. ASST.EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, NILAMBUR, MALAPPURAM DIST. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R3-4 BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.13356 OF 2009 ------------------------ Dated this the 3rd day of June, 2009. JUDGMENT Petitioner is the proprietor of Sangam Movies, Edavana, a movie theater, availing of supply from respondents 3 and 4. When Ext.P3 bill was issued, in view of the over writings and additions, they raised objection and filed an appeal before the 4th respondent. The appeal was directed to be disposed of as per Ext.P4 judgment of this court. Petitioner submits that though appeal was heard, orders have not been passed so far. It is stated that in the meanwhile for the subsequent periods they were issued Exts.P5, P7 and P8 bills, wherein, in addition to the regular charges that are payable additional amounts also were demanded by making handwritten corrections in the bills. It is in these circumstances the writ petition is filed praying for a direction to pass expeditious orders in the appeal and WP(c).No.13356/09 2 also for restraining the respondents from realizing the additional amounts claimed in Exts.P5 and P7 and P8 bills. 2. Standing counsel for the respondents on instructions informs that in May, 2003, the premises of the petionter was inspected by the 3rd respondent and that unauthorized additional load of 5 kw was detected. It is stated that since then, penalty was being levied on the petitioner on the fixed charges in addition to the energy charges that are payable. Counsel submits that without any protest the petitioner has been paying such amounts. It is stated that by reason of the amendment to the Regulations, now penalty is leviable not only on fixed charges but also on energy charges. It is stated that in order to realize penalty on energy charges also correction was necessary in the invoices and it was therefore that Exts.P5, P7 and P8 were corrected by hand. 3. According to the petitioner, appeal was filed against Ext.P3 and the appeal is pending before the 4th respondent. However, counsel for the Board submits that the appeal was WP(c).No.13356/09 3 heard and proceedings were issued rejecting the same. 4. In view of the repeated assertion made by the counsel for the petitioner copy of the order in appeal has not been served on him, in order to enable the petitioner to pursue his remedies against the appellate order, it is directed that on the production of a copy of the judgment before the 4th respondent, the 4th respondent shall issue a copy of the order passed by him disposing of the appeal. 5. In so far as Exts.P5,P7 and P8 bills are concerned, in view of the grievance of the petitioner regarding the corrections and over writing made therein, it is directed that the demands therein be treated as provisional and it will be open to the petitioner to file his objections as contemplated in Section 126(3) of the Act, in which event, the 3rd respondent shall duly advert to the objections raised in this matter. It is clarified that this freedom given to the petitioner to object to Exts.P5, P7 and P8 will be subject to the condition that the petitioner shall pay the regular energy charges that WP(c).No.13356/09 4 are demanded therein Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.13356/09 5