IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 12457 of 2010(F) ---------------------------------------- PETITIONER(S): ----------------------- THE PRESIDENT, PALAKKAD MUJAHIDEEN ARABIC COLLEGE COMMITTEE, P.M.A.C.CAMPUS, PARLI-678 612, PALAKKAD DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PARLI, PALAKKAD DISTRICT. 3. THE SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PARLI, PALAKKAD DISTRICT. R1 TO R3 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 12457 OF 2010 -------------------------------------------- Dated this the 28th day of June, 2010 JUDGMENT The petitioner has approached this Court with the following prayers. i) Call for the records leading to Ext.P5(a) to P5(c) and Ext.P6(a) to P6(c) and quash the same by issuing writ of certiorari. ii) issue a writ of mandamus or any other writ order or direction directing the respondents not to disconnect the electricity connection to the petitioner's educational institution, orphanage and hostel attached thereto, pursuant to Ext.P5(a) to P5(c) and Ext.P6(a) to P6(c). iii) pass such further orders as this Honourable Court may be pleased to pass on the facts and circumstances of the case. The grievance projected in the Writ Petition is that the proceedings have been finalized, raising the impugned bills, without any regard to the statutory requirements and also without giving sufficient opportunity to the petitioner to expose the objections. 2. As a matter of fact, three connections are provided to the petitioner, with consumer Nos. 802, 2325 and 6690. The petitioner submits that, it is an ‘Educational Campus’ and that absolutely no instance of unauthorised use of electricity is there. The impugned proceedings have been caused to be issued, pursuant to the surprise inspection conducted by the concerned respondent in the College Campus on 24.02.2010, leading to issuance of Ext.P6 series bills. Many a ground has been raised with regard to the correctness and sustainability of the 2 WP(C) No. 12457/2010 proceedings. 3. The learned standing counsel for the Board, with reference to the counter affidavit filed and the documents produced as Exts.R2 (a), R2 (b) and R2(c), submits that, the proceedings taken against the petitioner are perfectly in conformity with the relevant provisions of law. The 2nd respondent is stated as competent and authorised to have issued the relevant bills. It is also brought to the notice of this Court that, the proceedings were finalised after issuance of ‘provisional bills’, inviting objections and such objections submitted by the petitioner were considered in detail before issuing the final orders. It is also stated that the petitioner, if at all aggrieved in any manner, has a statutory remedy by way of appeal, as provided under Section 126 (2) of the Electricity Act, 2003 to be pursued after depositing 50% of the disputed amount. 4. In the above circumstances, this Court does not find it as a fit case to invoke the discretionary jurisdiction under Article 226 of the Constitution of India. The petitioner is relegated to avail the statutory remedy. If any such appeals are filed, within two weeks satisfying 50% of the disputed liability and paying the necessary appeal charges, they shall be considered in accordance with law and final orders shall be passed as expeditiously as possible, at any rate, within six weeks from the date of 3 WP(C) No. 12457/2010 receipt of the appeal. Coercive proceedings to disconnect the power supply shall be kept in abeyance, subject to the above stipulations. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc