IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 351 of 2006(P) ------------------------------------- PETITIONER: --------------------- V.A.EBRAHIM, S/O. ABDULLA, AGED 39 YEARS, MANAGING PARTNER, UNICO OIL PRODUCTS, VENGADU, RESIDING AT SHANAGE, PACHAPOYKA PARAMBAI (POST), KANNUR DISTRICT. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, VENGADU. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ANTI POWER THEFT SQUAD, PALAKKAD. 4. SUB ENGINEER, VENGADU, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.351/2006 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF APRIL 2005. EXT.P2: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF MAY 2005. EXT.P3: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF JUNE 2005. EXT.P4: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF JULY 2005. EXT.P5: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF AUGUST 2005. EXT.P6: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF SEPTEMBER 2005. EXT.P7: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF OCTOBER 2005. EXT.P8: COPY OF THE BILL ISSUED BY THE ELECTRICITY BOARD FOR THE MONTH OF NOVEMBER 2005. EXT.P9: COPY OF THE MAHASAR DTD. 29/12/05. EXT.P10: COPY OF THE PROVISIONAL ASSESSMENT ORDER RECEIVED BY THE PETITIONER ON 29/12/2005. EXT.P11: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE R2 AND THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, THALASSERY. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE SO 790 (4E) DTD. 8/06/05 ISSUED BY THE MINISTRY OF POWER. EXT.R2(B): COPY OF THE RELEVANT PORTION OF THE ELECTRICITY SUPPLY CODE CONTAINING REGULATION 25(1)(i). EXT.R2(C): COPY OF THE ORDER DTD. 17/01/2006 ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.351 of 2006 ----------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT The writ petition is filed with the following prayers:- i. to issue a writ of mandamus commanding the respondents to reconnect the disconnected electricity connection to the petitioner's unit with consumer No.7057 forthwith. ii. to issue a writ of certiorari quashing and setting aside Exts.P9 and P10 and all proceedings pursuant to and in furtherance thereof. There is already a detailed interim order dated 5-1-2006. The writ petition is hence disposed of in terms of the said interim order making it clear that any proceedings against the petitioner shall be taken only after issuing the final order under Section 126 (3) of the Electricity Act, 2003. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.351 of 2006 ----------------------------------- JUDGMENT 29th August, 2008