IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 22186 of 2007(N) -------------------------- PETITIONER: --------------- RAJAN P.JOHN, RAJAN VIDHAN, THRIPPALAZHIKOM CHERRY, EZHUKONE VILLAGE, KOTTARAKKARA VILLAGE, KUNDARA EAST P.O., KOLLAM. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, TRIVANDRUM, REPRESENTED BY ITS CHAIRMAN. 2. THE SUB ENGINEER, ELECTRIC SECTION, EZHUKONE, KOLLAM. BY ADV. SMT. P.K. RADHIKA, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22186 of 2007(N) APPENDIX PETITIONER'S EXHIBITS EXT.P1 : TRUE COPY OF DISCONNECTION NOTICE DATED 11.07.2007 OF THE 2ND RESPONDENT. EXT. P2 : TRUE COPY OF PENAL BILL DATED 11.07.2007 OF THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF OBJECTION DATED 16.07.2007 MADE BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.22186 OF 2007 ......................................................................... Dated this the 26th September , 2011 J U D G M E N T The petitioner is challenging the correctness and sustainability of Exts. P1 and P2, whereby a disconnection notice was issued followed by imposition of penalty in respect of alleged theft of electrical energy detected by the APTS in the premise. The case of the petitioner is that, the proceedings have been finalised without complying with the statutory requirements and that Ext. P3 objection preferred by the petitioner in response to Exts. P1 and P2 was not acted upon, which made the petitioner to approach this Court. 2. When the matter came up for consideration before this Court on 20.07.2007, the following interim order was passed: “SC takes notice for respondents. There will be interim direction to the 2nd respondent to restore supply to the petitioner's house after installing a new meter, and after taking W.P.(C) No.22186 OF 2007 2 all precautions against theft and tampering of meter and on petitioner complying with all the formalities and on petitioner remitting Rs.50,000/- towards arrears. Post after three weeks.” 3. When the matter is taken up for final hearing today, there is no representation for the petitioner. In the said circumstance, the interim order is made absolute and the writ petition is disposed of, directing the second respondent to treat the proceedings as provisional assessment under Section 126 of the Electricity Act and pass final orders, after considering Ext. P3 objection, of course, after giving an opportunity of hearing to the petitioner so as to enable the petitioner to pursue further remedy by way of appeal, if aggrieved by the order to be passed. P.R. RAMACHANDRA MENON, JUDGE. lk