IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 10493 of 1999(Y) ----------------------- PETITIONER: ------------ KINTEX GARMENTS LTD., CORPORATE OFFICE, SHENOY'S CHAMBERS, SHANMUGHAM ROAD, ERNAKULAM REP. BY ITS MANAGING DIRECTOR, SABU M. JACOB BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, MAJOR SECTION (CENTRAL) KERALA STATE ELECTRICITY BOARD, ERNAKULAM. BY ADV. SRI.R.K.VENU NAYAR, SC, KSEB SRI.A.SUDHI VASUDEVAN, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.17163 OF 1999 IN OP.NO.10493 OF 1999-Y DISMISSED 25.1.2008. P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONER's EXHIBITS: EXT.P1COPY OF DEMAND CUM DISCONNECTION NOTICE DTD 15.5.97 FOR THE PERIOD 4/97 ISSUED BY R2 TO PETITIONER. EXT.P2 COPY OF RECEIPT DTD 16.6.97 ISSUED TO THE PETITIONER BY R2. EXT.P3 COPY OF RECEIPT DD. 16.7.97 ISSUED TO THE PETITIONER BY R2. EXT.P4 COPY OF RECEIPT DTD 17.9.97 ISSUED TO THE PETITIONER BY R2. EXT.P5 COPY OF DEMAND NOTICE DTD 12.8.97 ISSUED TO THE PETITIONER BY R2. EXT.P6 COPY OF RECEIPT DTD 12.8.97 ISSUED BY R2 TO THE PETITIONER. EXT.P7 COPY OF DEMAND NOTICE DTD 5.4.99 ISSUED TO THE PETITIONER BY R2. EXT.P8 COPY OF CALCULATION STATEMENT ISSUED BY THE RESPONDENTS TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R2(A) COPY OF THE BOARD ORDER B.O.NO.B83/96(PLG.COM.2920/95 DTD 11.1.1996 /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.10493 OF 1999-Y -------------------------------------------------------------- Dated this the 25th day of January, 2008. JUDGMENT The petitioner is a consumer of electrical energy. He challenges Ext.P7 demand notice dated 5.4.1999 levying a sum of Rs.71,662/= as energy charges. The essence of the petitioner's contention is that the demand has not been raised property in terms of Ext.R4(a), the order passed by the Board implementing power cut during 1997. It is submitted that in a similar case, a Division Bench of this Court had in W.A.No.1865 of 2000 and connected cases directed the Kerala State Electricity Board to issue fresh bills in the light of the order governing the power cut imposed during the year 1997. 2. After hearing the learned counsel appearing for the petitioner and the learned standing counsel for the respondent Board, I am of the opinion that the petitioner can raise the said contention before the 2nd respondent by filing a representation enclosing a copy of the judgment of this Court in W.A.No.1865 of 2000. If such a representation is filed within two weeks from today, the 2nd O.P.NO.10493/99 . 2 respondent shall consider the same and take a decision after affording petitioner's representative an opportunity of being heard. Orders on the representation shall be passed within one month from the date of receipt of the representation. If the petitioner is found liable to pay any further amount, credit shall be given to the sum of Rs.15,000/= deposited by the petitioner pursuant to the interim order passed by this Court on 20.4.1999. If no representation is filed within the time limit stipulated above, the petitioner will not be entitled to get the benefit of this judgment and it will be open to the Board to recover the amount covered by Ext.P7 with interest. The original petition is disposed of accordingly. P.N. RAVINDRAN, JUDGE. cl O.P.NO.10493/99 . 3 P.N. RAVINDRAN, J. O.P.NO.10493 OF 1999-Y JUDGMENT 25th January, 2008. O.P.NO.10493/99 . 4