IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26495 of 2011(J) -------------------------- PETITIONER(S): --------------- KOOTHUPARAMBU CO-OPERATIVE HOSPITAL SOCIETY LTD. NO.C-1048, P.O KOOTHUPARAMBU, KANNUR DISTRICT, PIN 670 643, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.RANJIT BABU RESPONDENT(S): --------------- 1. THE DEPUTY CHIEF ENGINEEER, OFFICE OF THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD,ELECTRICAL CIRCLE, KANNUR DISTRICT. 670 001. 2. ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KOOTHUPARAMBA, KANNUR DISTRICT. 670 001. 3. THE SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD KANNUR DISTRICT 670 001. BY SMT. P.K.RADHIKA, SC KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 26495/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1. TRUE COPY OF THE FINAL BILL ISSUED BY THE 2ND RESPONDENT WITH REGARD TO THE CONSUMER NO. 1557 EXT.P2. THE TRUE COPY OF THE FINAL BILL ISSUED BY THE 2ND RESPONDENT WITH REGARD TO THE CONSUMER NO.2062 EXT.P3. THE TRUE COPY OF THE APPEAL PREFERRED AGAINST EXHIBIT P1. EXT.P-3(A) THE TRUE COPY OF THE RECEIPT FOR THE AMOUNT REQUIRED TO PAY AS A PRE CONDITION FOR FILING EXHIBIT P-3 APPEAL. EXT.P4 THE TRUE COPY OF THE APPEAL PREFERRED AGAINST EXHIBIT P2 EXT.P4(A) THE TRUE COPY OF THE RECEIPT FOR THE AMOUNT REQUIRED TO PAY AS A PRE CONDITION FOR FILING EXHIBIT P-4 APPEAL RESPONDENTS' EXHIBITS: NIL /True Copy/ PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26495 OF 2011 -------------------------- Dated this the 4th day of October, 2011 J U D G M E N T The officers of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) inspected the premises of the petitioner on 28.6.2011. Thereupon a provisional assessment order was passed. The petitioner filed objections. Overruling the objections, Exts.P1 and P2 final bills were issued demanding payment of the sum of Rs.3,83,395/- and Rs.40,587/- respectively. Aggrieved thereby, the petitioner has filed appeals, evidenced by Exts.P3 and P4, after paying 50% of the amount demanded. This writ petition is filed contending that though the appeals were filed within time and are pending, the respondents are taking steps to disconnect the electricity supply to the petitioner's hospital. In this writ petition, the petitioner seeks a direction to the respondents to await the decision on Exts.P3 and P4 appeals before seeking to enforce the demand made in Exts.P1 and P2 bills. 2. When the writ petition came up for admission hearing today, Sri.Smt.P.K.Radhika, learned standing counsel appearing for the Board submitted on instructions that Exts.P1 and P2 bills will not be enforced so long as the appeals are pending in view of the fact that the petitioner has paid 50% of the amount demanded therein for the WPC No.26495./2011 2 purpose of filing the appeals. The learned standing counsel submitted that after the disputed bills were issued as the additional connected load was not regularised, the Board has issued subsequent bills and that unless the said amounts are paid, the Board will have to enforce the said demands by disconnecting the electricity supply so long as the bills remains unchallenged. I accordingly dispose of the writ petition with a direction to the first respondent to dispose of Exts.P3 and P4 appeals expeditiously and in any event within one month from the date of production of a certified copy of this judgment. Until such time, the electricity connection to the petitioner's hospital shall not be disconnected for non payment of Exts.P1 and P2 final bills. If in addition to Exts.P1 and P2 final bills, additional bills have been issued for the period subsequent to the period covered by the aforesaid bills, it is for the petitioner to challenge the said bills in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps