IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 24630 of 2009(W) -------------------------- PETITIONER(S): --------------- SANTHOSH PAUL ANTHRAPER, `VILLA BROOK', HERITAGE HOME, BROOK LAND AVENUE, NEAR CULLEN BRIDGE, SEW VIEW WARD, ALAPPUZHA-688 012. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION TOWN, KERALA STATE ELECTRICITY BOARD, ALAPPUZHA. 3. THE DIRECTOR, DEPARTMENT OF TOURISM GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR SC FOR KSEB SRI. P.P. THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.24630 OF 2009 ------------------------ Dated this the 26th day of August, 2009. JUDGMENT Petitioner submits that he is running a Home Stay Unit. in respect of which energy charges were being levied applying LT-IA tariff. It is stated that on 18th August, 2009, his premises were inspected by the Anti Theft Squad which prepared Ext.P11 mahazar, based on which Ext.P12 provisional demand was issued. On its receipt petitioner filed Ext.P13 objection to the Senior Superintendent. It is stated that in the meanwhile, the date specified for payment is fast approaching and this writ petition is filed mainly to avert disconnection for non-payment of the amount demanded in Ext.P12, pending decision in the matter. 2. I heard the Standing Counsel appearing for the respondent also. WP(c).No.24630/09 2 3. Evidently, Ext.P12 demand is a provisional one issued in terms of the provisions contained in Section 126 of the Indian Electricity Act, 2003. On its receipt the consumer is entitled to raise his objection in which event Assessing Officer is bound to consider the matter in the light of the objections filed. According to the petitioner, such a decision is yet to be taken by the Assessing Officer and if that be so, it is premature to enforce Ext.P12 provisional demand by resorting to coercive action. 4. Having regard to the above, I dispose of this writ petition with the following directions. 5. The Assessing Officer concerned shall consider Ext.P12 provisional demand in the light of Ext.P13 objections filed by the petitioner with notice to the petitioner and shall pass orders thereon after affording the petitioner an opportunity of hearing. It is directed that in the meanwhile, coercive action pursuant to Ext.P12 shall not be enforced. \ WP(c).No.24630/09 3 6. It is clarified that if the petitioner so desires, he will be at liberty to file any supplementary objections to Ext.P12 provisional demand within one week from today. Petitioner shall produce a copy of the judgment along with a copy of this writ petition before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.24630/09 4