IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20997 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- VISHNU BHAGAVALDAS, PROPRIETOR OF KANDATH THARWARD,THENKURUSSI, PALAKKAD. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): -------------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KODUVAYUR, `PALAKKAD DISTRICT - 678 501. 2. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM,PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.T.R.RAJAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20997/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE NO.15456/2008 DATED 08/01/2009 ISSUED BY THE DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA P2: COPY OF THE COMMUNICATION DATED 10/12/2009 SENT BY THE PETITIONER TO THE 1ST RESPONDEDNT. P3: COPY OF THE BILL NO.1523942 DATED 22/07/2011 FOR RS.4201/- CHARGED AT TARIFF RATE L.T.I (a) WITH RESPECT TO THE BUILDING OWNED BY THE PETITIONER. P4: COPY OF THE COMMUNICATION DATED 21/07/2011 ISSUED BY THE 1ST RESPONDENT. P5: COPY OF THE SITE MAHAZAR DATED 23/07/2011 PREPARED BY THE SUB ENGINEER, ELECTRICAL SECTION, KODUVAYUR. P6: COPY OF THE PROVISIONAL ASSESSMENT BILL DATED 25/07/2011 ISSUED BY THE 1ST RESPONDENT. P7: COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXHIBIT P6 PROVISIONAL ASSESSMENT ORDER WITH ENDORSEMENT EVIDENCING RECEIPT BY THE 1ST RESPONDENT. P8: COPY OF THE CIRCULAR NO.77/IGP CAMP/2010/135 DATED 31/03/2010 ISSUED BY THE KERALA STATE ELECTRICITY BOARD. P9: COPY OF THE EMAIL COMMUNICATION EVIDENCING BOOKING ON 08/08/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J ....................................................... W.P.(C).20997/2011 .............................................. Dated this the 2nd day of August, 2011 JUDGMENT Petitioner is a consumer of the respondents, with consumer No.2168 KDR. Ext.P6 is the provisional assessment bill issued to the petitioner treating him as a 'LT VIIA' consumer. Ext.P6 being a provisional assessment bill, Petitioner filed Ext.P7 objection. According to the petitioner, inspite of receipt of the objections, he has not been heard so far and that the respondents are threatening to disconnect the power supply for non payment of the dues claimed. It is in these circumstances, the writ petition has been filed. 2. I heard the learned Standing Counsel appearing for the respondents also. 3. Since Ext.P6 is only a provisional assessment bill, Ext.P7 objection filed by the petitioner is liable to be considered by the first respondent and until the objection is considered and W.P.(C).20992/11 2 orders are passed, coercive action also is liable to be deferred. 4. In view of the above, I dispose of this writ petition directing the first respondent to consider Ext.P6 in the light of Ext.P7, with notice to the petitioner, as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment along with a copy of the writ petition. It is directed that in the meanwhile, coercive action pursuant to Ext.P6 shall be deferred. ANTONY DOMINIC, Judge mrcs