IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32312 of 2008(V) ---------------------------------------------- PETITIONER(S): ---------------------- N.SREEDHARAN NAIR, S/O.LATE KATTOOR NARAYANAN NAMBIAR, AGED 41 YEARS, MANCHANADUKKA, PANATHUR, PANATHADY PANCHAYATH, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------ 1. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KASARAGOD. 2. THE SUB ENGINEER-IN-CHARGE, ELECTRICAL SECTION, RAJAPURAM, (VIA)ANANADASRAMAM, HOSDURG TALUK, KASARAGOD DISTRICT. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 32312 OF 2008 V -------------------------------------- Dated this the 4th November, 2008 JUDGMENT Petitioner challenges Ext.P4 and seeks a direction to release a copy of the Mahazar prepared by the second respondent and also to dispose of Ext.P5 by the first respondent after notice to the petitioner. Briefly put, the case of the petitioner is as follows: Petitioner is the son of one late Kattoor Narayanan Nambiar. The electric connection was obtained for agricultural purpose. On 22.9.2008, there was an inspection by the second respondent. A Mahazar was prepared and it was given to the petitioner's father. On 26.9.2008, the petitioner's father expired. On 13.10.2008, the electric supply was disconnected. Petitioner preferred Appeal and he was told that he has to deposit fifty per cent of the amount demanded. Petitioner is unable to operate the motor pumps for watering the coconut and arecanut gardens. WPC. 32312/08 V 2 2. I heard the learned counsel appearing for the petitioner and the learned standing counsel appearing on behalf of the respondents. Learned standing counsel submits that Ext.P4 can be treated as a provisional assessment and the petitioner can file his objections and the same will be considered and a decision taken. Learned counsel for petitioner submits that the petitioner may be given a copy of the Mahazar. The Writ Petition is disposed of as follows: Ext.P4 will be treated as a provisional bill under Section 126 of the Electricity Act. Petitioner is given ten days' time from today to file his objections. There will be a direction to the second respondent to give a copy of the Mahazar to the petitioner on or before 7.11.2008. The second respondent will consider the objections filed by the petitioner and take a decision thereon in accordance with law after affording an opportunity of hearing to the petitioner, within a period of one month from the date of filing the objection. In the meantime, WPC. 32312/08 V 3 the electric connection will be restored to the petitioner on or before 5.11.2008. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge