IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17480 of 2011(H) --------------------- PETITIONER : --------------------- SANTHOSH KUMAR, S/O.LEKSHMI NARAYANA SWAMY, VASANTHA CHANDRALAYAM, THIRUNELLY TEMPLE PO, WAYANAD DISTRICT. BY ADV. SRI. KRISHNA PRASAD. S RESPONDENT(S): ------------------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, MANANTHAVADY, MANANTHAVADY, WAYANAD DISTRICT 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KALPETTA, KERALA STATE ELECTRICITY BOARD, OFFICE OF THE DEPUTY CHIEF ENGINEER, KALPETTA, WAYANAD DISTRICT. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI. P.P. THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17480 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE FINAL BILL ISSUED IN THE NAME OF THE PETITIONER DATED 12-5-2011. EXT.P2 : COPY OF THE RECEIPT DATED 2-6-2011. EXT.P3 : COPY OF THE PROVISIONAL ORDER PASSED BY THE 1ST RESPONDENT DATED 12-5-2011. EXT.P4 : COPY OF THE LATEST BILL ISSUED IN THE NAME OF THE PETITIONER DATED 27-4-2011. EXT.P5 : COPY OF RECEIPT ISSUED TO THE PETITIONER FOR RS. 6,000/- DATED 19-5-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17480 OF 2011 -------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner is a consumer of electrical energy. The electricity connection was provided to the petitioner's shop room situate near Thirunelly Temple in Wayanad District. An inspection of the said shop room was conducted by the first respondent on 24.3.2011. It was then noticed that the consumer had exceeded the permissible connected load. A provisional bill was thereupon issued in terms of section 126 of the Indian Electricity Act, 2003. It was served on the person in occupation. It appears no objections were raised with regard to the provisional bill. Thereupon Ext.P3 order was passed upholding the provisional assessment and Ext.P1 final bill demanding payment of the sum of Rs.31,113/- was issued. This writ petition is filed challenging Ext.P3 final order and Ext.P1 final bill. It is stated that a copy of the mahazar, the provisional order or the provisional demand were served on the petitioner and therefore the impugned order/demand notice are liable to be set aside. 2. The petitioner has stated in the writ petition that he has WPC No.17480/2011 2 already remitted the sum of Rs.15,290/- on 2.6.2011. Ext.P2 receipt is also produced in support of the said contention. Ext.P3 final order passed by the first respondent is dated 12.5.2011. Under section 127 of the Indian Electricity Act, 2003 an appeal lies to the second respondent herein. The period of limitation prescribed for filing an appeal is 30 days from the date of the order. The petitioner has also stated that he received Ext.P3 on a day later than 12.6.2011. With reference to the date of Ext.P3, the period of limitation prescribed for filing an appeal has already expired. However, as the petitioner has already remitted the sum of Rs.15,290/-, I am of the opinion that the second respondent should entertain the appeal, if it is filed within one week from today, hear the petitioner and pass appropriate orders thereon without insisting on any further demand. I accordingly dispose of the writ petition with the following directions: (i) The petitioner shall within one week from today file an appeal under section 127 of the Indian Electricity Act, 2003 before the second respondent. In view of the fact that the petitioner has already remitted the sum of Rs.15,290/- the said sum shall be treated as the amount required to be deposited for the purpose of entertaining the appeal. The petitioner shall also pay the prescribed WPC No.17480/2011 3 fee if any. (ii) The second respondent shall upon the petitioner filing an appeal within the aforesaid time limit, consider the same on the merits and pass orders thereon after affording the petitioner an opportunity of being heard expeditiously and in any event within two months from the date on which the appeal is filed. (iii) Until then, the electricity supply to the petitioner's shop room shall not be disconnected for non payment of Ext.P1 final bill. P.N.RAVINDRAN, (JUDGE) vps