IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 8062 of 2005(I) ------------------------- PETITIONER: ------------ P.A.SURESH, S/O. ARJUNAN, PUTHANKANDATHIL HOUSE, KABINIGIRI, PADICHIRA VILLAGE, SULTHAN BATHERI TALUK. BY ADV. SRI.P.DEEPAK RESPONDENTS: ------------- 1. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E.B., KALPATTA. 2. DEPUTY TAHSILDAR (R.R), AMBALAVAYAL. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 8062/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEMAND NOTICE DTAED 31/10/2003. P2 : COPY OF REPRESENTATION DATED 18/02/2005 ADDRESSED TO R1. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ----------------------------------- W.P.(C) No. 8062 of 2005 ------------------------- Dated, this the 11th day of January, 2008 J U D G M E N T Even though the writ petition is pending for over the last two years, no counter affidavit or statement is filed by 1st respondent. Petitioner is challenging recovery proceedings for recovery of arrears of electricity dues for the period from February 2002 to June 2003. However, according to petitioner, disconnection was effected in the year 2001 and thereafter there is no justification to demand electricity charges. However, it is conceded that petitioner is covered by minimum guarantee agreement executed in the year 1993-94 along with others. Since details are not on record, this writ petition is disposed of directing 1st respondent to consider the matter based on Ext.P2 representation and communicate the details of month wise liability and the basis of the same. Petitioner can challenge the detailed demand to be raised by 1st respondent in appeal, if he has any grievance. First respondent is directed to issue detailed communication to petitioner giving details of disputed demand within a period of one month from the date of production of a copy of this judgment. There will be direction to 2nd respondent to withhold recovery proceedings for three months from now and WP(C) No. 8062/2005 -2- thereafter recovery will be based on fresh demand raised by 1st respondent, as above. If petitioner does not want connection any longer, there will be direction to KSE Board to dismantle the installations and finally settle the matter. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg