IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21502 of 2008(I) -------------------------- PETITIONER: ----------------- ST. ANTONY'S MOTORS INDIA LTD., REPRESENTED BY ITS DIRECTOR HAVING ITS REGISTERED OFFICER AT NO.1 MRA MEHAR BUILDING, S.N. COLLEGE JUNCTION, KOLLAM 691 001, KERALA STATE. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: --------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MANARCADU, KOTTAYAM. 3. THE SUB ENGINEER, ELECTRICAL SECTION, KOTTAYAM EAST, KOTTAYAM. BY SC SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 21502 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2008 JUDGMENT Petitioner challenges Ext.P5. Learned Standing Counsel does not dispute that Ext.P5 could only be treated as a provisional bill issued under Section 126 of the Electricity Act. Petitioner can file objections against the same and that should be considered in accordance with law, submits the learned Standing Counsel. It is submitted by the learned counsel for the petitioner that connection has been disconnected for non- payment of the amount demanded in Ext.P5. Having heard the parties, the writ petition is disposed of as follows: If the petitioner files objection to Ext.P5 within ten days from today before the second respondent, the second respondent will consider the same and take a decision thereon in accordance with law after affording an opportunity of hearing to the petitioner within one month from the date of filing of the objection. In the meantime, as there has been disconnection, which is without the objection and hearing as contemplated in Section 126 of the Act, there will be a further direction to the second respondent to WPC.21502/2008. 2 forthwith restore the connection. It is made clear that this will be subject to the condition that the petitioner will continue to pay the regular bills. (K.M. JOSEPH, JUDGE) sb