IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 5162 of 2009(M) ------------------------- PETITIONER(S): --------------- K.A. ABDUL AZEEZ, AGED 45, S/O. LATE MR. K.K. BEERAN, KADAPPALLY MOOLAYIL HOUSE, NEAR HOTEL CHANDINI PARK, CHANGAMPUZHA NAGAR P.O., SOUTH KALAMASSERY, ERNAKULAM DIST. PIN 682 033. BY ADV. MR.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTICT. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION KALAMASSERY, ERNAKULAM DIST PIN 683 104. 3. SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION KALAMASSERY ERNAKULAM DIST PIN 683 104. 4. SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION KALAMASSERY ERNAKULAM DIST PIN 683 104. BY ADV.MR.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 5162 OF 2009 M ```````````````````````````````````````````````````` Dated this the 18th day of February, 2009 J U D G M E N T Ext.P1 is the mahazar prepared on inspection. Ext.P2 is a bill issued. Petitioner challenges Ext.P2. He seeks a declaration that Ext.P2 is in violation of Regulation 27A of the Kerala Electricity Supply Code, 2006, and also provisions of the Kerala Electricity (Service of Provisional Assessment Order) Rules, 2005. 2. I heard learned standing counsel also. He would submit that Ext.P2 can be treated as a provisional assessment. 3. In such circumstances, writ petition is disposed of as follows. Ext.P2 will be treated as a provisional bill under section 126 of the Electricity Act. If the petitioner prefers objection in the matter within ten days from today before the 2nd respondent, the 2nd respondent will consider and take a decision thereon in accordance with law, with an opportunity of hearing to the WPC.5162/09 : 2 : petitioner, within one month from the date of receipt of the objection. Till such time, there will be no disconnection pursuant to Ext.P2. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE