IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 24658 of 2011(F) ------------------------------------ PETITIONER(S): ---------------------- VISHNU BHAGAVALDAS,S/O.BHAGAVALDAS, PROPRIETOR OF "KANDATH THARWAD", THENKURUSSI,PALAKKAD. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): ------------------------ 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KODUVAYUR,PALAKKAD DISTRICT PIN 678 501. 2. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM,PATTOM, THIRUVANANTHAPURAM 695 004. REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 24658 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: P1 : TRUE COPY OF THE CERTIFICATE NO. 15456/2008 DATED 08.01.2009 ISSUED BY THE DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA. P2 : TRUE COPY OF THE COMMUNICATION DATED 10.12.2009 SENT BY THE PETITIONER TO THE IST RESPONDENT. P3 : TRUE COPY OF THE BILL NO. 1523942 DATED 22.07.2011 FOR RS. 4201/- CHARGED AT TARIFF RATE LT I (a) WITH RESPECT TO THE BUILDING OWNED BY THE PETITIONER. P4 : TRUE COPY OF THE COMMUNICATION DATED 21.07.2011 ISSUED BY THE IST RESPONDENT. P5 : TRUE COPY OF THE SITE MAHAZAR DATED 23.07.2011 PREPARED BY THE SUB ENGINEER, ELECTRICAL SECTION, KODUVAYUR. P6 : TRUE COPY OF THE PROVISIONAL ASSESSMENT BILL DATED 25.07.2011 ISSUED BY THE IST RESPONDENT. P7 : TRUE COPY OF THE OBJECTION FILED BY THE PETITONER TO EXHIBIT P6 PROVISIONAL ASSESSMENT ORDER WITH ENDORSEMENT EVIDENCING RECIEPT BY THE IST RESPONDENT. P8 : TRUE COPY OF THE CIRCULAR NO.77/IGP CAMP/2010/135 DATED 31.03.2010 ISSUED BY THE KERALA STATE ELECTRICIY BOARD. P9 : TRUE COPY OF THE JUDGMENT MADE IN WP(C)NO.20997/2011 DATED 02.08.2011. P10 : TRUE COPY OF THE SHORT ASSESSMENT BILL DATED 18.08.2011 ISSUED BY THE IST RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY/ P.A TO JUDGE STU ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 24658 OF 2011 ----------------------------------------------------- Dated this the 10th day of October, 2011 J U D G M E N T This writ petition is filed challenging Ext.P10. Briefly stated the case of the petitioner is that he was issued with Ext.P6 provisional demand for short assessment against which Ext.P7 objection was filed. Pursuant to the directions contained in Ext.P9 judgment, the petitioner was heard and Ext.P10 order and invoice were issued. Contending that Ext.P10 order does not satisfy the requirements of law and the directions of this court, this writ petition is filed. 2. It is now disclosed that subsequently a speaking order passed by the respondent on 17.8.2011 has been served on the petitioner. Now as such an order has been served, it is for the petitioner to pursue the appellate remedies that are available u/s 127 of the Electricity Act, 2003. In that view of the matter this writ petition is W.P.(C) No. 24658 OF 2011 :2 : disposed of leaving it open to the petitioner to pursue the appellate remedies. In order to enable the petitioner to do so, it is directed that the disconnection pursuant to Ext.P6 will be kept in abeyance for a period of two weeks from today. ANTONY DOMINIC, JUDGE ul/-