IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24499 of 2008(N) -------------------------- PETITIONER: ------------ MUHAMMED RISA, S/O. ABDUL MAJEED, AGED 27, RESIDING AT PALLIVILA PUTHENVEEDU, ARUNUTTIMANGALAM, MANGADU.P.O, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYTHDUTHIBHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM. 2. THE CHAIRPERSON, CONSUMER GRIEVANCE REDRESSAL FORUM (SOUTH), KOTTARAKKARA, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTICAL SUB DIVISION, PERINADU, KOLLAM. 4. THE ELECTRICITY OMBUDSMAN, CLUB JUNCTION, POOKKATTUPADI ROAD, EDAPALLY TOLL, TOLL JUNCTION, COCHIN-682024. BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 24499 OF 2008 N ```````````````````````````````````````````````````` Dated this the 13th day of August, 2008 J U D G M E N T Petitioner has preferred Ext.P4 before the Electricity Ombudsman, namely the 4th respondent. I heard learned counsel for petitioner and learned standing counsel. Learned standing counsel points out that it is open to the Ombudsman to both condone the delay and also to pass interim orders. According to the petitioner, he has received intimation calling upon to pay Rs.50,447/- before 12.8.2008, otherwise the connection will be dismantled. Eventhough the petitioner has challenged Ext.P3, I feel that the petitioner can be relegated to pursue the remedy available before the 4th respondent. In such circumstances, writ petition is disposed of as follows. There will be a direction to the 4th respondent to consider and take a decision on Ext.P4 in accordance with law, if the appeal has been filed in time. If there is any delay in filing the WPC.24499/08 : 2 : appeal, it is also open to the petitioner to file an application for condonation of delay. It is further open to the petitioner to seek interim relief before the 4th respondent and the 4th respondent will consider such application filed and pass appropriate orders thereon in accordance with law. In order to facilitate the 4th respondent to consider the matter in view of the appeal which the petitioner submitted that he has filed in time, disconnection will be kept in abeyance for a period of two months from today, if the petitioner pays a sum of Rs.5,000/- (Rupees five thousand only) within two weeks from today. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE