IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 19269 of 2008(R) -------------------------- PETITIONER: ------------ AYSHA BEEVI, AGED 75, W/O.MOOSA MAULANA, RESIDING AT KAUZAR MANZIL, EDATHALA NORTH P.O., ALUVA CONSUMER NO. 1440, ELECTRICAL MAJOR SECTION, KIZHAKKAMBALAM. BY ADV. SRI.P.K.IBRAHIM RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KIZHAKKAMBALAM. *ADDL.R3 THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KIZHAKKAMBALAM (SUO MOTU IMPLEADED AS ADDL.R3 AS PER JUDGMENT DT 26.6.08) BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 19269 OF 2008 R ```````````````````````````````````````````````````` Dated this the 26th day of June, 2008 J U D G M E N T Petitioner challenges Ext.P5. According to the petitioner, Ext.P5 bill is raised without following any procedure under the Electricity Act. It is stated that there is no provisional assessment. No notice was issued. The petitioner seeks a direction to give notice to her for any proceeding under section 126 of the Act to file objection to the provisional assessment and afford an opportunity of being heard before passing any final assessment order. 2. I heard the learned standing counsel also. The Assistant Engineer, Electrical Section, Kizhakkambalam is suo motu impleaded as additional 3rd respondent and the learned standing counsel appears for him also. Having regard to the facts of the case, writ petition is disposed of as follows. If the petitioner submits an objection within ten WPC.19269/08 : 2 : days from today before the additional 3rd respondent, the same will be considered and a decision will be taken thereon, after affording an opportunity to hear the petitioner also, within a period of one month from the date of receipt of the objection. Till such time, there will be no disconnection of power supply to the petitioner. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE