IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 14811 of 2010(B) -------------------------- PETITIONER: --------------- JOICE CHERIAN AGED 43 YEARS, S/O.LATE K.C.CHERIAN, M/S. K.C. CHERIAN, ST.GEORGE WOOD INDUSTRIES, ERATTUPETTA, KOTTAYAM DISTRICT (CONSUMER NO.12998 OF ELECTRICALSECTION, ERATTUPETTA). BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, KERRALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ERATTUPETTA, KOTTAYAM DISTRICT. BY P.P.THAJUDEEN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.14811 of 2010-B ---------------------------- Dated this the 17th day of May, 2010. J U D G M E N T The petitioner is challenging the sustainability of Ext.P5 dated 18.3.2010 issued by the second respondent, whereby the petitioner has been directed to satisfy a sum of Rs.2,89,586/- plus surcharge Rs.1,66,242/- (as on 17.3.2010) on or before the date as specified therein, so as to avoid the disconnection. 2. The case of the petitioner is that the matter was earlier posted before the Consumer Disputes Redressal Forum, Kottayam, which led to Ext.P4 order; which is stated as satisfied. Reliance is also placed on Ext.P2, as to the actual figures. The case of the petitioner is that even though the petitioner tried to convince the respondents that no amount is further due from the petitioner, it has turned futile. 3. The learned standing counsel for the respondent submits that the figures given in Ext.P2 are as on dates in the year 2005 and that by virtue of the guarantee executed by the petitioner, the present liability is as specified in Ext.P5. It is stated that even in Ext.P5, the figures reflect only a lesser liability, than the actual W.P(C) No.14811 of 2010-B 2 extent; simultaneously adding that a proper statement of accounts will be given to the petitioner, so as to sustain the stand. 4. Considering the rival submissions and also the plight of the industry and that of the workers concerned, there will be a direction to the respondents to re-store the power supply forthwith; on condition that the petitioner deposits a sum of Rs.1.5 lakhs. The respondents shall furnish a detailed statement of accounts to the petitioner with specific reference to Ext.P2 issued by the respondent and the actual liability in accordance with law. This shall be done within two weeks from the date of restoration of power supply and the petitioner, if aggrieved, will be at liberty to approach the Consumer Grievance Rederessal Forum; on which event, the matter shall be finalised in accordance with law, after giving an opportunity of hearing to the parties concerned, as expeditiously as possible at any rate within one month from the date of filing the petition as aforesaid. It is made clear that further recovery proceedings will be subject to the outcome of the decision to be rendered by the Consumer Grievance Redressal Forum as mentioned above. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab