IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 36556 of 2003(B) -------------------------- PETITIONER(S): ----------------------- T.G.CHANDRAKUMAR, PROPRIETOR, TEESON RUBBERS, KOLAZHY, THRISSUR. BY ADV. MR.A.N.KUTTAN RESPONDENT(S): ------------------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD VIYYUR, THRISSUR. 2. THE KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 3. THE CHIEF ELECTRIAL INSPECTOR, ELECTRICAL INSPECTORATE, THIRUVANANTHAPURAM. BY ADV. MR.KODOTH SREEDHARAN, SC, KSEB MR.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36556 of 2003(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - SUPPLEMENTARY INVOICE DATED NILAMPOOR EXT.P2 - ARBITRATION PETITION DATED 13.1.2003. EXT.P3 - DISCONNECTION NOTICE DATED 13.11.2003. EXT.P4 - COPY OF ORDER DATED 23.9.1998 IN CMP NO. 11789/98 IN O.P. NO. 19141/1997. EXT.P5 - LETTER DTED 25.2.2002 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6(a) - INVOICE DATED 15.12.1997 FOR NOVEMBER, 1997. EXT.P6(b) - INVOICE DATED 15.1.1998 FOR DECEMBER, 1997. EXT.P6(c) - INVOICE DATED 15.2.1998 FOR JANUARY, 1998. EXT.P6(e) - INVOICE DATED 15.5.1998 FOR MARCH, 1998. EXT.P6(f) - INVOICE DATED 15.5.1998 FOR APRIL, 1998. EXT.P6(g) - INVOICE DATED 15.6.1998 FOR MAY, 1998. EXT.P7(a) - COVERING LETTER FOR CHEQUE PAYMENT D/24.12.1997. EXT.P7(b) - COVERING LETTER FOR CHEQUE PAYMENT D/27.2.1998 EXT.P7(c) - COVERING LETTER FOR CHEQUE PAYMENT D/26.2.1998. EXT.P7(d) - COVERING LETTER FOR CHEQUE PAYMENT D/24.3.1998 EXT.P7(e) - COVERING LETTER FOR CHEQUE PAYMENT D/27.4.1998. EXT.P7(f) - COVERING LETTER FOR CHEQUE PAYMENT D/22.05.1998. EXT.P7(g) - COVERING LETTER FOR CHEQUE PAYMENT D/25.6.1998. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 36556 of 2003 ................................................. Dated this the 13th day of November, 2009 J U D G M E N T The petitioner filed this writ petition challenging demand for electricity charges for the period from 5/2000 to 10/2002. The petitioner earlier approached this court by filing W.P(C) No. 33434 of 2003 wherein, this Court permitted the petitioner to file a petition before the Chief Electrical Inspector and the Chief Electrical Inspector was directed to consider that petition. When the matter came up on 10.9.2009, I directed the standing counsel for the electricity board to place appropriate pleadings on record, regarding the proceedings before the Chief Electrical Inspector. Today, the learned standing counsel hands over a copy of an order dated 3.4.2009 passed by the Government on the same subject. From the same, I find that the petitioner had filed an application before the Chief Electrical Inspector and the Chief Electrical Inspector had passed an order allowing certain claims of the petitioner by order dated 8.1.2007. But the Assistant Executive Engineer, Electrical division challenged the order of W.P(C) No. 36556 of 2003 -2- Chief Electrical Inspector in an appeal before the Government. The Government has by order dated 3.4.2009 set aside the order of the Chief Electrical inspector and confirmed the demand for Rs.1,32,778/-. The petitioner has not chosen to bring on record those orders to challenge the same. That being so, the petitioner cannot now proceed with this writ petition. Accordingly, without prejudice to the right of the petitioner to challenge the orders of the Government in the matter, this writ petition is dismissed. S. SIRI JAGAN, JUDGE rhs