IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 WP(C).No. 13268 of 2010(G) -------------------------- PETITIONER(S): --------------- KANDUNNI.C.K., CHAKKUPARAMBIL HOUSE, MARUTHA ROAD VILLAGE, PALAKKAD-7. BY ADV. SRI.K.MANOJ CHANDRAN RESPONDENT(S): --------------- 1. K.S.E.B., REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, TRIVANDRUM. 2. THE ASST. ENGINEER, ELECTRICAL SECTION, KSEB, KANJIKODE, PALAKKAD. 3. THE ASST. EXE. ENGINEER, ELECTRICAL SECTION, KSEB, KANJIKODE, PALAKKAD. 4. THE SUB ENGINEER, ELECTRICAL SECTION, KSEB, KANJIKODE, PALAKKAD. ADV.THAJUDEEH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.4.2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 13268 of 2010 ================== Dated this the 16th day of April, 2010 J U D G M E N T The petitioner is a consumer of electricity. On the basis of Ext.P1 mahazar prepared, on the ground that the petitioner has used electricity for commercial purpose in the matter of manufacturing certain wooden articles, the petitioner has been served with Exts.P2 and P3 notices demanding an amount of Rs.73,451/-. The petitioner submits that Ext.P3 is only a provisional assessment, against which, the petitioner has filed Ext.P4 objections. The petitioner seeks a direction to the 2nd respondent to consider Ext.P4 objections and to stay coercive recovery of the amounts demanded by Exts.P2 and P3 in the meanwhile. 2. I have heard the learned Standing Counsel appearing for the Kerala State Electricity Board also. 3. In so far as Ext.P4 objections are pending against Exts.P2 and P3, and as per the statute, a provisional invoice has to be issued, I am of opinion that before taking coercive proceedings for recovery, an appealable order on Ext.P4 objections has to be passed. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider Ext.P4 objections and pass orders thereon, after affording an opportunity of being heard to the petitioner. Till orders are thus passed, there shall not be any coercive proceedings for recovery of the amounts demanded as per Exts.P2 and P3. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2