IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 20217 of 2005(F) -------------------------- PETITIONER: ------------ PATHROSE @ BHASKARAN, PULLUVILA PUTHENVEEDU, AADUMANKADAVU, PARASUVAICKAL, NEYYATTINKARA. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.R.V.SREEJITH RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, DISTRICT COLLECTORATE, THIRUVANANTHAPURAM. 2. DEPUTY TAHSILDAR, REVENUE RECOVERY, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, NEYYATTINKARA. 4. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, PARASSALA, THIRUVANANTHAPURAM. R1&2 BY G.P. SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF BILL DT.23.5.2003 ISSUED TO THE PETITIONER FROM KSEB. P2: TRUE COPY OF BILL INVOICE L.A. NO.49952 DT.23.5.2003 ISSUED TO THE PETITIONER FROM KSEB. P3: TRUE COPY OF DEMAND NOTICE DT.1.4.2005 ISSUED BY R2 TO THE PETITIONER. P4: TRUE COPY OF SECITON 34 NOTICE DT.1.4.2005 ISSUED BY R2 TO THE PETITIONER. P5: TRUE COPY OF OBJECTION FILED BY PETITIONER BEFORE R2 DT.28.6.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.20217 of 2005 .................................................................... Dated this the 6th day of June, 2008. JUDGMENT The W.P. was filed challenging penal charges levied for theft of electricity. When W.P. was admitted, this court directed the petitioner to withdraw the Consumer complaint for entertaining writ petition and file a Memo in this court. If consumer case is not withdrawn, then the W.P. is not maintainable and the same will stand dismissed. However, if consumer case is withdrawn, I leave freedom to the petitioner to file appeal before the Executive Engineer against the penal bill for him to redress the grievance. If consumer case is withdrawn, the petitioner is granted three weeks time from date of receipt of copy of this judgment to file appeal before the Executive Engineer. C.N.RAMACHANDRAN NAIR Judge pms