IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5133 of 2009(J) ------------------------------------ PETITIONER(S): ---------------------- K.J.THOMASKUTTY, PROPRIETOR, M/S.MODERN ROCK MINING INDUSTRY, KOMPANOLI, VADASSERIKARA, PATHANAMTHITTA. BY ADVOCATES. MR.BECHU KURIAN THOMAS MR.PAUL JACOB (P) MR.ROSHEN.D.ALEXANDER SMT.INDU SUSAN JACOB SMT.NISHA JOHN RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, PATHANAMTHITTA ELECTRICAL DIVISION, PATHANAMTHITTA. 3. ASSISTANT ENGINEER, ELECTRICAL DIVISION VADASSERIKKARA, PATHANAMTHITTA. BY MR. P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 5133 OF 2009 J -------------------------------------- Dated this the 17th February, 2009 JUDGMENT Petitioner challenges Exts.P3 and P4. I heard the learned standing counsel also. Learned standing counsel points out that it is open to the petitioner to file objections to Exts.P3 and P4. It is no doubt true that in the objection filed earlier, no decision has been taken so far. But, that may not entitle the Officer to proceed again in the matter without issuing provisional Bills. Exts.P3 and P4 can only be treated as provisional Bills and it is for the petitioner to raise his objections to the same and to take such steps as he is entitled to in law as against the same. It is submitted that the power supply has already been disconnected. No recovery steps are brought to my notice. In such circumstances, the Writ Petition is disposed of directing that if the petitioner files objections to Exts.P3 and P4 before the third respondent within ten days from today, the third respondent will WPC.5133/09 J 2 consider and take a decision on the same in accordance with law with opportunity of hearing to the petitioner. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge