IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(C).No. 12403 of 2009(U) ----------------------------------- PETITIONER : -------------------- SATHEESH S.JOSE,S/O.SEBASTIAN, VALIYAVEETTIL HOUSE,RUBY NAGAR, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS : ---------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY,VAIDHUTHY BHAVAN, PATTOM,THIRUVANANTHAPURAM. 2. THE SENIOR SUPERINTENDENT, K.S.E.BOARD,ELECTRICAL MAJOR SECTION, CHANGANACHERRY. 3. THE ASSISTANT ENGINEER, K.S.E.BOARD,ELECTRICAL SECTION, CHANGANACHERRY. 4. THE EXECUTIVE ENGINEER, K.S.E.BOARD,CHANGANACHERRY. SRI. P.P. THAJUDEEN, SC-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No.12403 of 2009 ---------------------------------- Dated this the 15th day of April, 2009 JUDGMENT Petitioner submits that he was the proprietor of Valiyaveedan's Textile Shop at Changanacherry until he sold it in March, 2006. It is stated that when his father was its proprietor, a bill was issued by the respondents and the same was challenged before this Court in O.P. No.32204 of 2000, which was disposed of by judgment dated 7/12/2000. It is stated that thereafter nothing was heard in pursuance there of and that all of a sudden the 3rd respondent issued Exhibits P1 and P2 demanding an amount of Rs.37,958/- allegedly towards short assessment Bill amount due as on 15/9/2000 and surcharge for the period from 16/9/2000 to 26/03/2009. According to the petitioner, on receipt of Exhibit P2, he filed Exhibit P3 objection. It is stated that Exhibit P3 has not been considered so far, and that at the same time steps are being taken to disconnect power supply. It is in these circumstances, this writ petition is filed. 2. I heard the Standing Counsel appearing for the respondents also. Evidently, on receipt of Exhibits P1 and P2 W.P.(C) No.12403/ 2009 2 referred to above, the petitioner has filed his objection by Exhibit P3, in terms of provisions contained under Section 126 of Electricity Act, 2003. If that be so, necessarily the matter has to be considered and a decision has to be taken by the 3rd respondent. In view of the above, it is directed that the 3rd respondent shall consider Exhibits P1 and P2 in the light of Exhibit P3 objection filed by the petitioner, with notice to him and as expeditiously as possible, at any rate within six weeks of receipt of a copy of this judgment. 3. It is directed that in the meanwhile, further proceedings for disconnection of power supply in pursuance to Exhibits P1 and P2 shall be kept in abeyance, on the petitioner remitting ¼th of amount due as per Exhibit P2 within two weeks from today. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE scm