IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 22178 of 2011(V) -------------------------- PETITIONER: ------------------ K.R.SURAJ, AGED 44 YEARS, S/O.K.S.RAMAKRISHNAN (LATE), `SURYA', DOOR NO.32/1942-A, SURABHI ROAD, COHCIN-24. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT: ------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHYTHI BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM. 695001 2. THE ASST.ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL STATION, PALARIVATTOM, COCHIN-25. R1-2 BY ADV. SMT.P.K.RADHIKA-KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22178 of 2011(V) --------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE COVERING LETTER NO.BB/RAO INSP/SHORT ASSESSMENT/10-11 PVTM DATED NIL ISSUED BY THE 2ND RESPONDENT. EXT.P2. COPY OF THE ELECTRICITY BILL DATED 16.7.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P3. COPY OF THE DETAILS OF EXT. P2 BILL. RESPONDENT'S EXHIBITS: NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.22178 of 2011 ------------------------------- Dated this the 16th day of August, 2011 J U D G M E N T Ext.P2 short assessment bill demanding payment of the sum of Rs.2,02,695/- towards arrears of energy charges for the period from February, 2007 to June 2009 is under challenge in the instant writ petition. Ext.P2 short assessment bill was issued only on 16.7.2011 along with Ext.P1 letter. Ext.P1 letter indicates that it was issued pursuant to an audit report. Though the learned counsel appearing for the petitioner contends that the demand made in Ext.P2 is time barred and cannot be realised and also contended that even otherwise the demand in Ext.P2 is unenforceable and baseless, I am of the opinion that the petitioner should invoke the alternate remedy available to him by way of appeal. I accordingly decline jurisdiction and dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with the petitioner to challenge Ext.P2 short assessment bill in other appropriate proceedings. In order to enable the petitioner to move the appellate authority seeking appropriate interim orders, I direct that the demand made in Ext.P2 shall not be enforced for a period of one week from today. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.22178 of 2011 JUDGMENT Dated:- 16th August, 2011 --------------------------------------