IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2232 of 2009(N) ------------------------- PETITIONER(S): -------------------- FATHIMA @ PATHUMMA, S/O.LATE PARAMBATH ABDULLA HAJI,AGED 43 YEARS, PARAMBATH HOUSE, ELAMBRAMCHERY, P.O.KADAVATHUR, VIA TALASSERY, KANNUR DISTRICT-670676 BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SMT.V.A.SARITHA RESPONDENT(S): ------------------------- 1. THE KERLA STATE ELECTRICITY BOARD REP.BY THE CHIEF ENGINEER, K.S.E.BOARD, PANOOR. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, K.S.E.BOARD, PANOOR, KANNUR DISTRICT. ADDL. R3 IS SUO MOTU IMPLEADED. 3. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, CHOKLI. ADDL. R3 IS SUO MOTU IMPLEADED VIDE JUDGMENT IN WPC.2232/2009 DATED 21.1.2009. BY SC SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 2232 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009 JUDGMENT Petitioner challenges Exts.P1 and P2. Exts.P1 and P2 are bills indicating penal charges apparently alleging unauthorised additional load. Ext.P3 is the site mahazar. Exts.P5 and P6 are stated to be regular bills. Learned counsel for the petitioner points out that Exts.P1 and P2 cannot be justified, as under law, against a provisional bill the petitioner must be given an opportunity to object to the same. This has not been done. 2. Learned Standing Counsel points out that Exts.P1 and P2 can be treated as provisional bills. Accordingly, the writ petition is disposed of as follows: Assistant Engineer, Kerala State Electricity Board, Electrical Section, Chokli is suo motu impleaded as additional third respondent. The petitioner is given one week's time from today to file objections to Exts.P1 and P2 before the additional third respondent. There will be a further direction to the additional third respondent to consider and take a decision on the objections within one month from the date of receipt of the objections. There will also be a direction that if the disconnection has WPC.2232/2009. 2 been made based on Exts.P1 and P2, it will be restored forthwith upon production of a copy of this judgment. (K.M. JOSEPH, JUDGE) sb