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. 37134 of 2008(U) -------------------------- PETITIONER(S): --------------------- SRI SATHYA SAI PUBLICATION SOCIETY (KERALA),REG NO ER 372/95,THIRUVALOOR,ALANGAD.PO, ALUVA 683 511 REPRESENTED BY ITS VICE PRESIDENT PROF.E.MUKUNDAN. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): ----------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUDHI BHAVANAM,PATTOM, THIRUVANANTHAPURAM REP; BY IT'S SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PERUMBAVOOR. 3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ALUVA WEST, ALUVA. BY GOVT. PLEADER SRI. C.K. GOVINDAN. 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. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 37134 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2008 JUDGMENT Petitioner challenges Exts. P5 and P5(a), which apparently issued on the basis of Ext.P4 mahazar. It is pointed out that Exts.P5 and P5 (a) are only provisional. It is also not in dispute that petitioner has to be heard in the matter and a decision taken after considering all the objections of the petitioner. According to the petitioner, this is squarely covered by the decision of a learned Single Judge reported in J.D.T. Islam Orphanage Committee v. Asst. Engineer, KSEB (2007(3) K.L.T. 388). 2. Of course learned Standing Counsel submits that an appeal has been taken up before the Division Bench. Of course, learned counsel for the petitioner points out that there is no stay obtained. At this stage, when the matter is pending consideration before the statutory authority, I see no reason to think that the statutory authority will not consider the objections of the petitioner and take a decision in accordance with law. Accordingly, the writ petition is disposed of leaving open the right of the petitioner to urge all the contentions available to it before the officer. Till a decision is taken, there will be no disconnection. (K.M. JOSEPH, JUDGE) sb