IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 30220 of 2009(V) -------------------------- PETITIONER(S): --------------- K.I.BABU MATHER, MANAGING PARTNER, EMPIRE BUILDERS,BANERJI ROAD, ERNAKULAM. BY ADV. SRI.V.V.ASOKAN SRI.MAHESH V.MENON RESPONDENT(S): --------------- 1. ASSISTANT ENGINEER, ELECTRICITY SECTION CENTRAL, ERNAKULAM. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICITY SECTION CENTRAL, ERNAKULAM. 3. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, ERNAKULAM 4. ACCOUNTANT GENERAL (AUDIT) THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.30220 of 2009 ================== Dated this the 26th day of October, 2009 J U D G M E N T The petitioner is a consumer of electricity. Alleging unauthorised additional load used by the petitioner, the petitioner has been served with Exts.P2 and P2(a) directing the petitioner to pay an amount of Rs.3,11,664/-. The petitioner's contention is that before issuing Exts.P2 and P2(a) the petitioner has not been given any notice or opportunity of being heard. He also has got a contention that a copy of the audit enquiry report relied upon for the purpose of issuing Exts.P2 and P2(a) has not ben supplied to the petitioner. The petitioner further alleges that although the petitioner filed Ext.P3 objections, the same is not being accepted by the 1st respondent. The petitioner, therefore, seeks the following reliefs: “(i) Call for the records of the case leading to Ext.P2 and P2(a) and quash the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) Issue a writ of mandamus or such other orders directing the 1st respondent not to disconnect the electric connection provided to the petitioner's building with consumer No.18658 in pursuance of Ext.P2 and P2(a).” 2. The learned standing counsel appearing for the Electricity Board, on instructions, submits that the 1st respondent is prepared to accept Ext.P3 and consider the objections in accordance with law. 3. In the above circumstances, this writ petition is disposed of 2 with the following directions: The petitioner shall re-submit Ext.P3 objections within one week from today. The 1st respondent shall accept the same and pass a final order after considering the objections of the petitioner and supplying a copy of all materials relied upon by the 1st respondent. Till fresh orders are passed after considering Ext.P3 objections, coercive proceedings for recovery of the amounts covered by the impugned bills shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge