IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11588 of 2008(D) -------------------------- PETITIONER: ------------- M/S.AUTUMN TREES, MUNNAR, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGING PARTNER. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ---------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, APTS, VAZHAKULAM. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., CHITHIRAPURAM, IDUKKI DISTRICT. R1 TO R3 BY SRI.P.P.THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) No. 11588 OF 2008 and I.A. No. 5042 of 2008 ----------------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT I.A. Allowed. The Writ Petition is treated as amended. 2. Heard learned counsel for the petitioner and the Standing Counsel for the KSEB. 3. Ext.P3 provisional invoice was issued on 27.03.08. Petitioner filed Ext.P4 objections thereto, on 01.04.08. On 02.04.08, Ext.P5 final bill has been issued. I do not think it as a hasty action to have considered and disposed of the objections on that day itself or even the succeeding day. But, that could be, only if reasons were stated, rejecting the objections. The issuance of final bill, Ext.P5, is not accompanied by reasons for confirming the tentative decision contained in the provisional invoice. Under such circumstances, I am inclined to set aside Ext.P5. I do so. WPC No. 11588 OF 2008 2 4. Having regard to the totality of the facts and circumstances, it is directed that, if the petitioner deposits an amount of Rs.21,600/-, within one week from today, there shall be no disconnection on account of Ext.P3 provisional invoice. The competent authority will hear the petitioner on Ext.P4 objections, if necessary, conduct appropriate inspections and take a final decision on the issue. The petitioner has two specific conditions. One is that the alleged additional load is not there. Secondly, he says that even if there is an additional connected load, the penalty could not be at the rate at which it is now fixed. These issues shall be specifically considered, while dealing with the objections. The Writ Petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 11588 OF 2008 3 WPC No. 11588 OF 2008 4 WPC No. 11588 OF 2008 5