IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 1257 of 2009(Y) --------------------------------------- PETITIONER(S): ------------------------ S.V.HASHIM, S/O.ABOOBACKER, CHENGAL, NEAR BUS STAND, PAYYANANGADI. BY ADVS. SMT.K.K.CHANDRALEKHA, MR.GOPAKUMAR G. (ALUVA). RESPONDENT(S): -------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICITY DIVISION, KERALA STATE ELECTRICITY BOARD, P.O.PAYANGADI, KANNUR DISTRICT. 3. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KANNUR. 4. VILLAGE OFFICER, EZHOME VILLAGE, EZHOME VILLAGE OFFICE, KANNUR. R1 & R2 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B R3 & R4 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1257/2009 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 25/08/01 ISSUED BY THE 1ST RESPONDENT. P1(A) COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 27/10/01 ISSUED BY THE 1ST RESPONDENT. P1(B): COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 23/04/02 ISSUED BY THE 1ST RESPONDENT. P1(C): COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 26/12/02 ISSUED BY THE 1ST RESPONDENT. P1(D): COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 20/02/03 ISSUED BY THE 1ST RESPONDENT. P1(E): COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 21/10/03 ISSUED BY THE 1ST RESPONDENT. P1(F): COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 22/12/03 ISSUED BY THE 1ST RESPONDENT. P1(G): COPY OF THE DEMAND/DISCONNECTION NOTICE DTD. 23/02/04 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE REGISTERED LAWYER NOTICE DTD. 29/03/2004 TO THE 2ND RESPONDENT. P3: COPY OF THE POSTAL RECEIPT EVIDENCING THE POSTAGE OF EXT.P1 REGISTERED NOTICE. P4: COPY OF THE DEMAND NOTICE SERVED ON 2/12/2004. P5: COPY OF THE REPLY NOTICE 23/12/2004 TO EXT.P3. P6: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P4. P7: COPY OF DEMAND NOTICE DTD. 10/10/2008. P8: COPY OF DEMAND NOTICE DTD. 10/10/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC,J. --------------------- W.P.(C).No.1257 OF 2009 ------------------------ Dated this the 3rd day of June, 2009. JUDGMENT Petitioner's grievance is mainly regarding Exts.P7 and P8 by which revenue recovery proceedings have been initiated against him for the alleged arrears that is due from him to the respondents. 2. According to the petitioner the connection availed of by him in 1998 was disconnected in 1999. It is stated that, subsequently when fixed charges were demanded that was disputed by issuing Ext.P2 and Ext.P5 notices. It is stated that despite all this, now revenue recovery proceedings have been initiated and hence this writ petition. 3. Rightly, it is pointed out by the Standing Counsel for the respondent that in terms of the provisions contained under Section 42(5) of the Indian Electricity Act, 2005, if the petitioner is aggrieved by the impugned proceedings, he has a remedy available before the Consumer Grievances WP(c).No.1257/09 2 Redressal Forum. Taking into account the alternate remedy thus available I am inclined to dispose of this writ petition without going into the merits of the contentions raised. 4. Accordingly, the writ petition is disposed of directing that within 2 weeks from today, it will be open to the petitioner to move the Consumer Grievances Redressal Forum against the proceedings culminating in Exts.P7 and P8. It is directed that if such a petition is filed, the said forum shall dispose of the matter, with notice to the parties as expeditiously as possible. 5. Subject to the filing of an appropriate application before the Consumer Grievances Redressal Forum, within two weeks as directed above, it is ordered that the interim stay ordered by this court on 13.1.2009 and extended thereafter will continue until disposal of this matter, which shall be done as expeditiously as possible and at any rate within 3 months. Petitioner shall produce a copy of this judgment along with the application to be filed as directed above. vi (ANTONY DOMINIC) JUDGE WP(c).No.1257/09 3 WP(c).No.1257/09 4