IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 9862 of 2008(Y) ------------------------- PETITIONER: ------------ SHILPA COLOUR LAB, ZAIKA'S EF COMPLEX, FORT ROAD, KANNUR, REPRESENTED BY ITS MANAGER, MR.KIRAN RAJ AIL, RESIDING AT ROYAL NEST APARTMENT, 1ST ROAD, IIND WING, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS: ------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, BURNASSERY, KANNUR. 2. THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, BURNASSERY, KANNUR. BY SC SHRI. P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN,J. -------------------------------------------------------------- W.P.C. No 9862 of 2008 - Y -------------------------------------------------------------- Dated this the 28th March 2008 JUDGMENT Heard learned counsel for the petitioner and the Standing Counsel for the respondents. 2. The petitioner contends that Ext P2, a demand for alleged back arrears is unsustainable. They made Ext P3 representation on 17.03.2008 to the Assistant Executive Engineer and Executive Engineer disputing the demand in respect of the bill by recourse to proceedings under Section 42 of the Electricity Act before the Kerala State Electricity Regulatory Commission. In such circumstances, it is directed that if the petitioner approaches the State Electricity Regulatory Commission within a period of three weeks from today his complaint shall be considered by the Regulatory Commission in accordance with law and a final decision taken within an outer limit of six weeks from the date of receipt of a copy of this judgment. Petitioner is permitted to move the Regulatory Commission and seek interim orders. It is directed that enforcement of Ext P2 bill will stand deferred by a period of five weeks to be WPC 9862/08 2 later regulated by such interim order that may be passed by the Regulatory Commission. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge 28/03/2008 en [true copy]