IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37034 of 2008(H) --------------------------------------------- PETITIONER(S): ----------------------- E.PRASEEJA, MANOHAR JEWELLERIES JEWEL HOUSE, PAYYANNUR, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PAYYANNUR. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PAYYANNUR. 4. THE ASSISTANT ENGINEER, ELECTRICAL DIVISION, PAYYANNUR. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 37034 OF 2008 H -------------------------------------- Dated this the 18th December, 2008 JUDGMENT Prayers in the Writ Petition are as follows: “i) Issue a writ of certiorari quashing Exts.P10, P11, P19 to P24 as unjust, illegal and unsustainable. ii) Declare that the petitioner is not liable to pay the fixed charges and current charges as demanded in Exts.P10, P11 or the subsequent bills P19 to P24 and she is entitled to refund the excess charge levied. iii) Issue a writ of mandamus directing the respondents to refrain from collecting any amount as shown in Exts.P10, P11, P19 to P24. iv) Issue a writ of mandamus directing the respondents to refrain from disconnecting the electricity supply to consumer No.10245.” 2. Petitioner has already approached the Consumer Grievance Redressal Forum, Kozhikode. There is no dispute that the petitioner has a remedy by way of filing a petition WPC.37034/08 H 2 before the Electricity Ombudsman. In such circumstances, the petitioner is relegated to the remedy available before the Electricity Ombudsman. Accordingly, the Writ Petition is disposed of as follows: If the petitioner files a petition before the Electricity Ombudsman within ten days from today, the Electricity Ombudsman will consider the same with opportunity of hearing to the petitioner and take a decision within two months from the date of filing the petition. Learned standing counsel points out that the penal charges come to Rs.2,04,000/= and the regular bill comes to Rs.1,66,059/=. In the meantime, if the petitioner remits Rs.1 Lakh within ten days from today and also pays the regular charges in a sum of Rs.1,66,059/=, proceedings for disconnection will be kept in abeyance till the disposal of the matter by the Electricity Ombudsman. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge