IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 8068 of 2009(C) ------------------------- PETITIONER(S): -------------------- A.T.VENUGOPAL, PROPRIETOR, SUPER GAS, SUPER GAS AGENCIES,50/174-A, PONEVAZHY ROAD, ELAMAKKARA.P.O., KOCHI-26. BY ADV. SRI.M.CHANDRA BOSE DR.ABRAHAM P.MEACHINKARA SRI.A.RAJASIMHAN SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE RESPONDENT(S): ------------------------ 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.BOARD, EDAPPALLY. 2. THE DY.CHIEF ENGINEER, ELECTRICAL CIRCLE, POWER HOUSE, KOCHI-18. 3. K.S.E.B.,REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE SECRETARY, TO GOVERNMENT, DEPARTMENT ELECTRICITY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 R4 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 8068 OF 2009 C -------------------------------------- Dated this the 26th March, 2009 JUDGMENT Petitioner challenges Ext.P4. I heard the learned counsel for the petitioner and the learned standing counsel for the respondent Electricity Board. Learned standing counsel points out that Ext.P4 can be treated as a provisional assessment under Section 126 of the Electricity Act and provided the petitioner pays the regular charges, there will be no disconnection till his objections are considered in accordance with law. Counsel for petitioner submits that the petitioner has paid the regular charges on 17.3.2009. In such circumstances, the Writ Petition is disposed of directing the first respondent to consider and take a decision on Ext.P5 in accordance with law, after affording an opportunity of hearing to the petitioner, within one month from the date of receipt of a copy of this Judgment. Till such time, there will be no disconnection pursuant to Ext.P4. Sd/= kbk. K. M. JOSEPH, JUDGE // True Copy // PS to Judge