IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 13363 of 2004(N) ----------------------------------------- PETITIONER: ------------------- T.M.ABOOBACKER, S/O. MOIDEEN, AGED 53 YEARS, THECKANETH HOUSE, PONJASSERY (P.O), MUDICKAL (VIA), PERUMBAVOOR. BY ADV. SRI.C.K.ABDUL RAHIM SRI.P.V.KURIACHAN RESPONDENTS: ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PERUMBAVOOR. 4. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, KSEB, VAZHAKULAM, MUDICKAL P.O., PERUMBAVOOR, PIN - 683547. BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB R1 TO 4 SRI.C.K.KARUNAKARAN, SC, KSEB R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13363/2004 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: CERTIFICATE ISSUED BY THE 4TH RESPONDENT DD. 6/4/98. EXT.P2: PROVISIONAL INVOICE CARD ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. EXT.P3: COPY OF THE REPORT OF INSPECTION DTD.13/08/1997, WITH RESPECT TO CON.NO.10855. EXT.P4: COPY OF THE REPORT OF INSPECTION DTD. 13/08/97, WITH RESPECT TO CON.NO.374. EXT.P5: COPY OF PENAL BILL ISSUED WITH RESPECT TO CON.NO.10855. EXT.P6: COPY OF PENAL BILL ISSUED WITH RESPECT TO CON.NO.374. EXT.P7: COPY OF THE NEW PROVISIONAL INVOICE CARD USED BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE LETTER SUBMITTED TO THE 4TH RESPONDENT DTD. 5/12/98. EXT.P9: COPY OF THE PETITION SUBMITTED TO THE ELECTRICAL INSPECTOR, ERNAKULAM DTD. 25/08/1997. EXT.P10: COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DTD. 8/3/2004 REGARDING DISMANTLING OF CON.NO.374. EXT.P11: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 29/03/2004 DEMANDING PAYMENT OF ARREARS AND PENAL AMOUNTS. EXT.P12: CALCULATION STATEMENT ATTACHED WITH EXT.P11 NOTICE. EXT.P13: COPY OF THE APPEAL FILED BEFORE 2ND RESPONDENT AGAINST EXT.P11 DEMAND. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 13363 OF 2004 N -------------------------------------- Dated this the 28th May, 2008 JUDGMENT Petitioner, feeling aggrieved by Exts.P11 and P12, has filed Ext.P13 Appeal before the second respondent. I heard the learned standing counsel appearing for the respondent Electricity Board also. Even though the petitioner calls in question Ext.P11 in this case, since he has already preferred Ext.P13 Appeal, I feel that a decision can be ordered to be taken on Ext.P13. Standing counsel also submits that a decision can be ordered to be taken on Ext.P13. It is submitted by the counsel for petitioner that the petitioner has paid Rs.25,000/= (Rupees Twentyfive Thousand). Accordingly, the Writ Petition is disposed of directing the second respondent to consider and take a decision on Ext.P13 in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this Judgment. Till such time, the interim order will continue. K. M. JOSEPH, JUDGE kbk.