IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30122 of 2008(J) -------------------------- PETITIONER(S): --------------- A.IRSHAD, AGED 41 YEARS S/O.LATE ABOOBAKER KUTTY, CHAKKALASSERIL KOTTUKULANGARA, KAYAMKULAM, ALAPPUZHA DIST. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. ASST.EXECUTIVE ENGINEER A.P.T.S.,K.S.E.B.,KOLLAM. 3. SUB ENGINEER ELECTRICAL WEST SECTION, KAYAMKULAM, ALAPPUZHA DISTRICT. 4. SENIOR SUPERINDENT, ELECTRICAL WEST SECTION, KAYAMKULAM, ALAPPUZHA DIST. * ADDL. R5. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KAYAMKULAM. (SUO MOTU IMPLEADED AS ADDL. R5 AS PER JUDGMENT DT.14.10.08) BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 30122 OF 2008 J ```````````````````````````````````````````````````` Dated this the 14th day of October, 2008 J U D G M E N T Petitioner challenges Ext.P2. Case of the petitioner in brief is as follows. There was an inspection in the house of the petitioner by the APTS on 3.10.2008. Ext.P1 site mahazar was prepared. The complaint was that the power supply is extended from the house to the adjacent factory. Ext.P2 demand and disconnection notice was issued for unauthorised use of electricity. According to the petitioner, there is a violation of section 126 of the Electricity Act. It is the case of the petitioner that no provisional assessment was made and no opportunity was given to hear the petitioner. 2. The Assistant Engineer, Electrical Section, Kayamkulam is suo motu impleaded as the additional 5th respondent. Learned standing counsel appears on behalf of the additional 5th respondent who points out that Ext.P2 can be treated as a provisional bill. In such circumstances, writ WPC.30122/08 : 2 : petition is disposed of as follows. Ext.P2 will be treated as provisional bill and the petitioner may file his objections to Ext.P2 within ten days from today before the additional 5th respondent. The additional 5th respondent will thereafter afford an opportunity for hearing to the petitioner and take a decision in the matter in accordance with law. Till such decision is taken, there will be no disconnection pursuant to Ext.P2. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE