IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 37612 of 2008(C) -------------------------- PETITIONER(S): --------------- N.A.MUHAMMEDKUNHI BANGARAKUNNU, NELLIKKUNNU,KASARAGOD. BY ADV. SRI.M.SASINDRAN SRI.M.V.BIPIN RESPONDENT(S): --------------- 1. THE ASSISTNAT ENGINEER K.S.E.B ELECTRICAL SECTION, NELLIKUNNU,KASARAGOD. 2. THE CONSUMER GREIEVANCE REDRESSAL FORUM, KERALA STATE ELECTRICITY BOARD GANDHI ROAD, KOZHIKODE, REPRESENTED BY ITS CHAIRPERSON. 3. THE DEPUTY CHIEF ENGINEER KSEB, ELECTRICAL CIRCLE, KASARAGOD. 4. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. BY SC SRI. P.P. THAJUDDIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 37612 OF 2008 ------------------------ Dated this the 26th day of December, 2008. JUDGMENT Petitioner submits that he is availing of power supply, for agricultural purposes and has been assigned consumer No.5464. It is stated that, he was issued Ext.P1, enclosing Ext.P1(a) demanding payment of Rs.25,859/- on the allegation that, supply of power for agricultural purposes was being diverted for domestic purposes. Although the petitioner has filed Ext.P2 objection, Ext.P1 was confirmed by Ext.P4 proceedings. There upon the petitioner has filed Ext.P5 before the second respondent. In the meanwhile, payment was insisted and there was a threat of disconnection also and that led the petitioner to file this writ petition. 2. Standing Counsel on instructions pointed out that the second respondent is not the authority to deal with a matter of this nature and that it is open to the petitioner WP(c).No.37612/2008 /2/ to approach the 3rd respondent. Now that the respondents have taken an objection about the maintainability of Ext.P5 filed before the 2nd respondent and as according to them the 3rd respondent is the appropriate authority, I direct that it will be open to the petitioner to approach the 3rd respondent within 2 weeks from today. It is directed that if an appeal filed under Section 127 of the Electricity Act 2003 is so received by the 3rd respondent and if the conditions prescribed for maintaining the same are satisfied by the petitioner, the appeal will be entertained and a decision on merits will be rendered. 3. I also direct that in order to enable the petitioner to move the 3rd respondent as above, further proceedings pursuant to Exts.P1,P1(a) and P4 will be kept in abeyance for 3 weeks from today. Writ Petition is disposed of as above. (ANTONY DOMINIC) vi JUDGE WP(c).No.37612/2008 /2/ vi/