IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 5345 of 2010(P) ------------------------------------- PETITIONER(S): ------------------------- ROY ABRAHAM, S/O. ABRAHAM, AGED 42 YEARS, KALAYATHINAKUZHIYIL HOUSE, CHETTUTHODE, PINNAKANAD.P.O., KOTTAYAM DISTRICT. BY ADVS. MR.JOHNSON MANAYANI, MR.BENHUR JOSEPH MANAYANI. RESPONDENT(S): --------------------------- 1. THE ASST. ENGINEER, K.S.E.B. PINNAKKANADU.P.O., KOTTAYAM DISTRICT. 2. THE ASST. EXECUTIVE ENGINEER, K.S.E.B. ERATTUPETTA.P.O., KOTTAYAM DISTRICT. 3. THE K.S.E.B. REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM.P.O. TRIVANDRUM. R1 TO R3 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.5345 of 2010-P ---------------------------- Dated this the 9th day of March, 2010. J U D G M E N T The petitioner is before this Court challenging the sustainability of Ext.P3 bill, stating that the mandatory requirements have not been satisfied in connection with issuance of the same and hence that the respondents are not justified in proceeding with further steps including the attempt to disconnect the power supply. 2. The learned counsel for the petitioner submits that Ext.P3 is not at all a 'provisional bill' but a 'final bill' and this being the position, interference is essential. 3. The learned standing counsel appearing for the respondents submits on instructions, that on issuing Ext.P3, the petitioner has filed Ext.P4 statement of objections and that Ext.P3 could be treated as a provisional bill and not a final bill. The learned standing counsel also asserts that further proceedings will be taken only after considering Ext.P4 statement of objections and after giving an opportunity of hearing to the petitioner. W.P(C) No.5345 of 2010-P 2 In the above facts and circumstances, the first respondent is directed to treat Ext.P3 as a 'provisional bill' and pass final orders after considering Ext.P4 objections filed by the petitioner and also after giving an opportunity of personal hearing, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. It is made clear that all further proceedings regarding implementation of Ext.P3 shall be subject to final orders to be passed as above. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab