IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 1830 of 2009(P) ------------------------- PETITIONER(S): --------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P) LTD 36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE, SHENOY ROAD, COCHIN-682017 REPRESENTED BY ASSISTANT MANAGER (LEGAL & ACQUISTION) MR.BABU PATTATHANAM. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVANAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, MALAPPURAM DISTRICT. 3. THE ASSISTANT ENGINEER, K.S.E.BOARD, ELECTRICAL SECTION, MAKKARAPARAMBU, PIN:676507. BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 1830 OF 2009 P ```````````````````````````````````````````````````` Dated this the 20th day of January, 2009 J U D G M E N T Petitioner challenges Ext.P3 and seeks a direction to consider and pass orders on Ext.P4 objection. 2. I heard learned counsel for the petitioner and learned standing counsel. Learned standing counsel, on instructions, submits that actually a provisional bill was sent to the petitioner but it was returned as left. The petitioner also has filed an affidavit in which there is no dispute in this aspect. 3. In such circumstances, if Ext.P3 is treated as a final bill and if it has been issued without furnishing the provisional bill, I quash Ext.P3. Learned counsel for the petitioner submits that the petitioner will approach the 3rd respondent on 22.1.2009. If the petitioner so approaches, the 3rd respondent will issue the provisional bill to which the petitioner can file objections within one week from the date of receipt of the provisional bill. Thereafter, a decision will be taken thereon in accordance with law by the 3rd respondent, after affording an opportunity of hearing to the WPC.1830/09 : 2 : petitioner, within a period of one month from the date of filing of the objection. If the disconnection is taken pursuant to Ext.P3, it will be reconnected immediately. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE