IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 22113 of 2008(G) -------------------------- PETITIONER: ----------------- K.PANCHALI, W/O.A.K.APPU, MANAGER, A.K.K.R.HIGHER SECONDARY SCHOOL, CHELANNUR, KOZHIKODE.RESIDING AT KARTHIKA, KAKKODI, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: --------------------- 1. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, OFFICE OF THE DEPUTY CHIEF ENGINEER, GANDHI ROAD, KOZHIKODE. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, BEACH SECTION, KOZHIKODE. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION,KERALA STATE ELECTRICITY BOARD, KAKKODI, KOZHIKODE. 4. THE SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KAKKODI, KOZHIKODE. 5. THE SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KAKKODI, KOZHIKODE. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.22113 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 JUDGMENT Petitioner is running a Higher Secondary School. Third respondent has given three separate connections. School is having separate Science Laboratory and Computer Laboratory. The fourth respondent conducted inspection and, taking into consideration the number of plug points, assessed that the petitioner is using energy over and above the connected load. The fifth respondent, Senior Superintendent issued provisional bills and thereafter it is the case of the petitioner that they have been visited with final assessment. 2. I heard learned counsel for the petitioner and the learned standing counsel for the respondents. 3. Learned counsel for the petitioner would contend that the action of the fifth respondent in issuing the bills is totally unauthorised. Under Section 126 of the Electricity Act, it is only the Assistant Engineer who can issue the assessment. 4. Learned counsel for the respondents points out that the Assistant Engineer, the third respondent, will issue bills which can be treated as provisional bills under Section 126 and the petitioner may file WPC. 22113/2008. 2 objections against the same and it will be considered and decision taken in accordance with law. In the meantime, it is pointed out that, electric connection has been disconnected. In this connection also, learned Standing Counsel also submits that electric connection can be restored forthwith without payment of any charges. The writ petition is disposed of as follows: The third respondent will issue fresh bills, which will be provisional bills, under Section 126 of the Act within a week from today. Petitioner is granted ten days time from the date of receipt of the bills to file the objections. Thereupon, the third respondent will consider the objections and take a decision in accordance with law after affording an opportunity of hearing to the petitioner within a period of one month from the date of receipt of the objections. In the meantime, the third respondent will reconnect the electric connections, which were disconnected, to the petitioner forthwith. (K.M. JOSEPH, JUDGE) sb