IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28492 of 2008(P) -------------------------- PETITIONER(S): --------------- WILFRED ZACHARIA AGED 60 YEARS, SON OF PETER ZACHARIA,MANAGING PARTNER, ST.JOHN BOSCO COMPANY, HATCHERY DIVISION, THIRUMULLAVARAM, KOLLAM. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.R.SIVADASAN SMT.LAKSHMI B.SHENOY RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM 695 004. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERAL STATE ELECTRICITY BOARD,KOLLAM DIVISION SQUAD, KOLLAM. 3. THE ASSISTANT ENBGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, TANGASSERY, KOLLAM 19. 4. THE SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, TANGASSERY, KOLLAM -19. BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28492 OF 2008 P ```````````````````````````````````````````````````` Dated this the 25th day of September, 2008 J U D G M E N T Petitioner challenges Exts.P5 and P7. Ext.P4 is the mahazar prepared. Apparently, unauthorised load was detected in the petitioner's premises and it is stated that it is regularised. Petitioner is served with Exts.P6 and P7 bills. Ext.P6 contains demand for payment of penalty apparently on the basis of the unauthorised load detected. In Ext.P7, the petitioner is charged under tariff LT VII A. 2. Heard learned counsel for petitioner and learned standing counsel. It is not in dispute that Ext.P4 mahazar and the bill can be treated under section 126 of the Electricity Act as a provisional demand and which has to be finalised after hearing the objection of the petitioner. In such circumstances, writ petition is disposed of as follows. If the petitioner files objection to Exts.P5 to P7 before the 3rd respondent within ten days from today, the 3rd respondent WPC.28492/08 : 2 : will consider the same and take a decision thereon within one month from the date of filing of the objection. Till such decision is taken, there will be no disconnection on condition that the petitioner pays Rs.10,000/- (Rupees ten thousand only) within one week from today. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE