IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 20320 of 2008(R) ------------------------------------ PETITIONER: ------------------ M.SAIFUDEEN , S/O.LATE MOHAMEDALI, AGED 65 YEARS, T.C. 28/2801,SHEREEN, CHETTIKULANGARA, THIRUVANANTHAPURAM-1 BY ADV. SRI.A.AHZAR RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (DISTRIBUTION) KERALA STATE ELECTRICITY BOARD POWER HOUSE BUILDINGS, THIRUVANANTHAPURAM 695 023 3. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD POWER HOUSE BUILDINGS, THIRUVANANTHAPURAM 695 023 4. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD PUTHENCHANTHA, THIRUVANANTHAPURAM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 20320 OF 2008 R -------------------------------------- Dated this the 18th August, 2008 JUDGMENT Petitioner challenges Exts.P13 and P15. He seeks a direction to the respondents to give three phase connection to the petitioner's building "Sowparnika Auditorium" situated in Survey Nos. 867/11 & 867/12 in Vanchiyoor Village, Thiruvananthapuram forthwith. 2. I heard the learned counsel appearing for the petitioner and also the learned standing counsel appearing on behalf of the respondent Electricity Board. Ext.P13 is a provisional bill. 3. As far as Ext.P15 is concerned, admittedly it is a final order passed under Section 126 of the Act against which the petitioner has an alternate remedy by way of Appeal. Apparently, the allegation against the petitioner is that he has connected unauthorised additional load. Counsel for petitioner points out that the petitioner is at present running the auditorium WPC. 20320/08 R 2 on power generated by a Generator. Petitioner made Ext.P8 application seeking connection and that has not been heeded to. Standing counsel for the respondents submits that the petitioner may prefer an Appeal against Ext.P15 and he also points out that the petitioner has not submitted any application for getting fresh connection to the auditorium in the prescribed form and he has to purchase a book-let and submit the application in the said Form. Of course, counsel for petitioner denies that the petitioner has not filed application. But, he submits that the petitioner is prepared to file application in the Book Form. Having heard the learned counsel for the parties, the Writ Petition is disposed of as follows: As far as Ext.P15 is concerned, since the petitioner has filed the Writ Petition on 4.7.2008 and Ext.P15 is dated 11.6.2008, I feel that the petitioner shall be relegated to prefer an Appeal. If the petitioner prefers Appeal within a period of WPC. 20320/08 R 3 ten days from today before the Deputy Chief Engineer under Section 127 of the Act accompanied by payment of fifty per cent of the amount demanded in Ext.P15, the Appeal will be considered on merits and a decision taken thereon in accordance with law after affording an opportunity of hearing to the petitioner. Learned standing counsel submits that if the application is filed after having paid fifty per cent of the amount as aforesaid and if the application is in order, connection can be given in twenty days' time, if the connected load is less than 10 KW. Recording this submission, there will be a direction to the Assistant Engineer, Electrical Section, Puthenchantha, Thiruvananthapuram to take a decision on the application to be submitted by the petitioner as aforesaid. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge