IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10473 of 2008(V) ------------------------------- PETITIONER: -------------- BRO. JOSEPH ANCHERIL CST, PRINCIPAL, ST THERESE PUBLIC SCHOOL, AYAMKUDY P.O. MUTTUCHIRA (VIA) KOTTAYAM DISTRICT PIN 686613 BY ADV. SRI.WILSON URMESE RESPONDENTS: ----------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O. THIRUVANANTHAPURAM 695004 2. THE DEPUTY CHIEF ENGINEER, KSEB, KOTTAYAM 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, KADUTHURUTHY BY STANDING COUNSEL SRI P.P. THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.C. No 10473 of 2008 -------------------------------------------------------------- Dated this the 28th March 2008 JUDGMENT Following an inspection as disclosed by Ext P2 mahazar Ext P3 bill has been issued in relation to the premises of the petitioner demanding payment of amount towards electricity charges by way of penalty. Exts. P3 and P2 read together do not disclose the specific reason for imposition of penalty though it may be a case of unauthorised additional load (UAL). Having regard to the contents of Ext P2 it is necessary that Ext P3 is treated only as a provisional invoice and demand following which petitioner will get an opportunity to file objection. For the foregoing reasons this writ petition is disposed of directing that if the petitioner submits objection to Ext P3 that shall be taken up, considered and disposed of by the third respondent in accordance with law after affording an opportunity of being heard to the petitioner. Let this be done within two months from the date of receipt of a copy of this judgment. Until then enforcement of Ext P3 will stand suspended provided the petitioner remits one-third of the amount covered thereby within a period of one week from today. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge 28/03/2008en [true copy]