IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 13086 of 2006(G) -------------------------- PETITIONER(S): -------------- M/S.SURYA RUBBERS, KOKKATH ROAD, P.O.KAINOOR-680 014, THRISSUR DISTRICT, KERALA, REP. BY ITS MANAGING PARTNER, V.K.PUSHKARAN. BY ADV. SRI.A.C.DEVY RESPONDENT(S): -------------- 1. KERALA STATE ELECTRICITY BOARD, PATTOM P.O., REPRESENTED BY ITS SECRETARY. 2. ASSISTANT ENGINEER, K.S.E.B., ELECTRICAL SECTION, PUTHOOR. R1 & R2 BY ADV. SRI.JOSE J.MATHEIKEL,SC,KSEB SMT.P.K.RADHIKA,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 13086 of 2006(G) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF THE INVOICE DATED 13.03.2006 FOR THE PERIOD MARCH, 2006. EXT.P2 COPY OF THE INVOICE DATED 12.04.2006 FOR THE PERIOD APRIL, 2006. EXT.P3 COPY OF THE INVOICE NO.AA NO.58205 DATED 28.04.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P4 COPY OF THE REPRESENTATION DATED 08.05.2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA K. VINOD CHANDRAN, J. ------------------------------------------ WP(C) NO. 13086 OF 2006 ------------------------------------------ Dated this the 19th day of December, 2011 J U D G M E N T The petitioner in the above writ petition challenges Ext.P3 additional invoice of Rs.62,180/- (Rupees sixty two thousand one hundred and eighty only) on the ground that the petitioner is unaware of the reason or the basis on which such demand is made by the 2nd respondent. The counsel for the 2nd respondent would submit before me that it is on the basis of an inspection conducted by the Anti Power Theft Squad. However, there is no counter affidavit controverting the averments of the petitioner or detailing the contentions of the Board. In the circumstances, I direct the respondents to consider Ext.P4 representation of the petitioner and pass appropriate orders thereon after issuing a notice detailing the allegations and the basis for the demand made by the Board. The petitioner shall produce a copy of this judgment before the 2nd respondent within a WP(C) NO. 13086 OF 2006 ..2.. period of two weeks from the receipt of a certified copy and the Board shall issue a notice of hearing within two weeks therefrom and pass final orders within a month from the date of hearing. The demand as per Ext.P3 invoice shall be kept in abeyance till a final decision is taken by the Board. The petitioner's counsel submits that an amount of Rs. 12,000/- (Rupees twelve thousand only) directed to be paid by an interim order of this Court has been paid. Needless to say that the said amount shall be adjusted to the amounts computed by the Board or refunded if no demand is sustained. This writ petition is disposed of on the above conditions. K. VINOD CHANDRAN, JUDGE bka/-