IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 18213 of 2008(R) ---------------------------------------------- PETITIONERS: --------------------- 1. P. VENKITA RAOS, A FIRM HAVING ITS BUSINESS AT DOOR NO. 28/2161, FORT, TRIVANDRUM, BY PARTNER GOPAL RAO.K, AGED 65, S/O.KRISHNA RAO, RESIDING AT T.C. 37/244, UTSAVAMADOM COLONY, FORT, TRIVANDRUM. 2. K. GOPALA RAO, PARTBNER, P. VENKITA RAO, S/O. KRISHNA RAO, RESDING AT T.C. 37/244, UTSAVAMADOM COLONY, FORT, TRIVANDRUM. BY ADV. SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL SRI.N.KRISHNA PRASAD RESPONDENTS: ------------------------ 1. ASSISTANT ENGINEER, ELECTRICAL SECTION, FORT SECTION, TRIVANDRUM KERALA STATE ELECTRICITY BOARD, TRIVANDRUM. 2. KERALA STATE ELECTRICTY BOARD, REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 18213 OF 2008 R -------------------------------------- Dated this the 26th June, 2008 JUDGMENT The Writ Petition is filed seeking the following reliefs: "i. Issue a writ of certiorari or any other appropriate writ, direction or order directing the respondents to produce the records leading to the issue of Exts.P8, P11, P16 and P17, examine its legality and propriety of the same and quash the same. ii. Direct the respondents not to levy charges for the proportionate current charges from 01/07 to 06/08, it being a claim of power charges already paid. iii. Direct the respondents restraining them against levying and collecting twice the rate of fixed charges (2 x 100) for the unauthorized load of 52 KW against Rs.100/= KW allowable and that too retrospectively. iv. Declare that levy of power charges at Rs.8.05 unit for 94875 units is ultravires of the provision of Electricity tariff, it part taking the character of penalty namely levying power charges WPC. 18213/08 R 2 twice for the same quantity, that too retrospectively. v. Quash Ext.P17 being against the decision reported in 2007 (3) KLT 388." 2. I heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondent Electricity Board. As far as Ext.P8 is concerned, it has culminated in Exts.P17. Ext.P17 is the final order passed after hearing the petitioner. Therefore, it is pointed out by the learned standing counsel that there is an alternate remedy available under Section 127. I relegate the petitioners to prefer Appeal which they may do within a period of two weeks from the date of receipt of a copy of this Judgment. As far as Exts.P11 and P16 are concerned, they are also provisional bills raised under Section 126. I feel that the petitioners can file objections to Exts.P11 and P16 within ten days from today. If such objections are filed, they will be looked into by the first respondent and a decision taken in accordance with law, after affording an opportunity of being heard to the petitioners, within a period of WPC. 18213/08 R 3 one month from the date of receipt of the objections. There will be no disconnection of the power supply to the petitioners pursuant to Exts.P11 and P16 till the matter is finally decided. Counsel for the petitioners submits that the petitioners have already paid the amount demanded under Ext.P11. I leave open all the contentions of the petitioners. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge