IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1188 of 2008(N) ------------------------- PETITIONER: ------------- C.K. MANOHARAN @ MOHANAN, AGED 55 YEARS, S/O. KOCHUKARAPPAN, CHERAMPARAMBIL HOUSE, KANNAMMURI LANE, EDAPPALLY P.O., KOCHI-682 024. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS: ----------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION EDAPPALLY, ERNAKULAM DISTRICT. 3. ASSISTANT ENGINEER, ANTI-POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD, PALAKKAD. BY SRI.P.P.THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1188 OF 2008 ------------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT Petitioner's premises was inspected by the APTS. On the basis of the mahazar prepared, the supply of energy was disconnected and a demand has been raised on ground of alleged misuse of energy. The fact remains that the petitioner had not been heard by the official respondents. Under such circumstances, this writ petition is disposed of directing that the demand raised on the petitioner shall be treated as a provisional one and his objections thereof shall be considered and disposed of in accordance with law, particularly when the petitioner would have a right of appeal under the Statute. In the mean while, supply of energy to the premises of the petitioner shall be re- connected, if he remits one half of the amount covered by the impugned demand. Such payment will be subject to the result of the adjudication that has to proceed under the Statute. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.