IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 WP(C).No. 13313 of 2008(I) -------------------------- PETITIONER: ------------ K.B.ABDUL AZEEZ,AGED 44,SON OF LATE MR.K.K.BEERAN,PROPRIETOR,NATIONAL GRANITES, INDUSTRIAL DEVELOPMENT AREA,EDAYAR, MUPPATHADOM P.O,ERNAKULAM DISTRICT,PIN-683 110. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDHYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM DISTRICT. 2. SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD,ELECTRICAL SECTION, EDAYAR,(MUPPATHADOM) ERNAKULAM DISTRICT-10. R1 BY STANDING COUNSEL SRI P.THAJUDDIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 13313 of 2008 ------------------------------------- Dated: APRIL 18, 2008 JUDGMENT Aggrieved by Ext.P1 invoice issued by the respondents, demanding payment from the petitioner in relation to the period from July 2004 to December 2004 and June 2005 to November 2005, the writ petition has been filed. 2. The main contention raised by the counsel for the petitioner is that in view of the provisions contained in section 56(2) of the Electricity Act, the demand made in Ext.P1 is clearly time- bound. On the other hand, it is stated by the standing counsel who appeared on notice on behalf of the respondents, that since the demand being one towards the short assessment charges, the bar under section 56 is inapplicable. 3. Be that as it may, it is on record that in response to Ext.P1, availing of the statutory right under section 126(3) of the Electricity Act, petitioner has already filed his objection by Ext.P2. In view of this, it is necessary that the Assistant Engineer concerned, WP(C) 13313/08 Page numbers considers the demand made in Ext.P1 in the light of the objections raised by the petitioner in Ext.P2. 4. Therefore, the writ petition is disposed of directing that on production of a copy of this judgment, the 2nd respondent shall place the papers in relation to Exts.P1 and P2 for the consideration of the Assistant Engineer concerned, who shall thereupon decide the matter in accordance with law and with notice and opportunity of being heard to the petitioner. It is directed that this shall be done within six weeks of production of a copy of this judgment. It is also directed that in the meanwhile all further proceedings in pursuance to Ext.P1 will stand stayed. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE mt/-