IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21029 of 2008(C) -------------------------- PETITIONER: ------------ 1. HOTEL ANUGRAHA, N.H.47, VYTTILA, REPRESENTED BY ITS MANAGING PARTNER, A.BALAKRISHNAN, S/O.LATE ANANDA RAO, AGED 64 YEARS, ANANDA BHAVAN, WARRIAM ROAD, KOCHI - 16. 2. P.RAJAN, PARTNER, S/O.LATE ANANDA RAO, AGED 63 YEARS, ANAND BHAVAN, DIWAN ROAD, KOCHI - 16. BY ADV. SRI.SHAJI P.CHALY RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, VYTTILA. 3. THE SUB ENGINEER, ELECTRICAL SECTION, VYTTILA. * ADDL.R4 THE ASSISTANT ENGINEER, ELECTRICAL SECTION, VYTTILA (IMPLEADED AS ADDL.R4 AS PER JUDGMENT DT 14.7.08) BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 21029 OF 2008 C ```````````````````````````````````````````````````` Dated this the 14th day of July, 2008 J U D G M E N T Prayers in the writ petition are as follows. (i) to declare that clause (1) of regulation 51 of the KSEB Terms and Conditions of Supply 2005 as unconstitutional. (ii) to call for the files leading to the issuance of Ext.P2, examine its legality, propriety and quash the same by issuing a writ of certiorari. (iii) to issue a writ of mandamus and command the 2nd respondent to consider Ext.P5 and take a decision as expeditiously as possible. 2. I heard learned counsel for the petitioners and learned standing counsel. Learned counsel for the petitioners submits that a decision may be ordered on Ext.P5. I feel that Ext.P4 can be treated as bill under section 126 which has to be finalised after considering the objections. 3. The Assistant Engineer, Electrical Section, Vyttila is WPC.21029/08 : 2 : suo motu impleaded as additional 4th respondent. Learned standing counsel takes notice for the additional 4th respondent. 4. In such circumstances, writ petition is disposed of as follows. There will be a direction to the additional 4th respondent to consider and take a decision on Ext.P5 in accordance with law, after affording an opportunity to hear the petitioners, within one month from the date of receipt of a copy of this judgment. Till such decision is taken, there will be no disconnection pursuant to Ext.P2 provided the petitioners pay regular bills. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE