IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25135 of 2008(P) -------------------------------------------- PETITIONER: --------------------- K.J.THOMASKUTTY, PROPRIETOR, M/S.MODERN ROCK MINING INDUSTRY, KOMPANOLI, VADASSERIKARA, PATHANAMTHITTA. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: -------------------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDYUHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, PATHANAMTHITTA ELECTRICAL DIVISION, PATHANAMTHITTA. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DIVISION, VADASSERIKKARA, PATHANAMTHITTA. BY SC SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, T HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.25135 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2008 JUDGMENT Petitioner challenges Ext.P10. Ext.P10 is a provisional bill issued apparently under Section 126 of the Indian Telegraph Act. Against Ext.P10, Standing Counsel points out that the petitioner can file objection. Learned counsel for the petitioner points out that the Board cannot impose penalty on daily basis as per the dictum laid down by this court in the decision reported in J.D.T. Islam Orphanage Committee v. Assistant Engineer, K.S.E.B. (2007(3) K.L.T. 388). It is pointed out by the learned Standing Counsel that the matter is pending in appeal. Since Ext.P10 is a provisional bill, it is open to the petitioner to raise his objection before the Assistant Engineer. 2. Assistant Engineer, Vadasserikkara is suo motu impleaded as additional fourth respondent. Standing Counsel appears for the additional fourth respondent. The writ petition is disposed of as follows: Ten days time is granted to the petitioner to file objection to Ext.P10 before the additional fourth respondent. The additional fourth respondent will consider and take a decision on the objection in accordance WPC.25135/2008. 2 with law after affording an opportunity of hearing to the petitioner within one month from the date of filing of the objection. Till such time as a decision is taken, there will be no disconnection. (K.M. JOSEPH, JUDGE) sb