IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 29644 of 2008(D) ---------------------------------------------- PETITIONER: ------------------- SELVAM BROILERS (P)LTD, SELVAM HOUSE, HILL PALACE ROAD, TRIPUNITHURA, REPRESENTED BY ITS MANAGER (ACCOUNTS)M.PERIYASWAMY. BY ADV. SRI.K.SRIKUMAR SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM PALACE.P.O, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, PUTHENCRUZ DIVISION, ERNAKULAM. 3. THE SUB ENGINEER-IN-CHARGE KSEB, ELECTRICAL SECTION, PUTHENCRUZ, ERNAKULAM. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 29644 OF 2008 D -------------------------------------- Dated this the 17th October, 2008 JUDGMENT Petitioner challenges Exts.P1, P2 and P5 and seeks details regarding the inspection conducted on 12.8.2008 by the APTS on 12.8.2008 . A direction is sought to the third respondent to proceed in accordance with Section 126 of the Electricity Act, 2003 after considering Exts.P3 and P4 objections. There was an inspection by the APTS in the premises of the petitioner on 12.8.2008. Ext.P1 is the provisional bill. Ext.P2 is a covering letter indicating the factum of the surprise inspection. It is stated that no notice was given regarding the irregularity after inspection, nor a copy of the Mahazar is served on the petitioner. Petitioner has filed Ext.P3 explanation and Ext.P4 objection to Exts.P1 and P2. According to petitioner, totally ignoring the objection, Ext.P5 notice is issued. It is stated to be the final bill. 2. I heard the learned counsel appearing for the petitioner and the learned standing counsel appearing on behalf of the WPC.29644/08 D 2 respondent Electricity Board. Learned standing counsel got instructions. He submits that it is true that the petitioner has not been served with the mahazar. In the light of this, he submits that fresh orders can be ordered to be passed. A copy of the mahazar has been handed over by the standing counsel to the counsel for petitioner. In such circumstances, the Writ Petition is disposed of as follows: Ext.P5 is quashed. Petititioner is granted ten days from today to file objections in the matter. If the petitioner file his objections before the third respondent Sub Engineer within the time stipulated above, the Sub Engineer will consider the same and take a decision in accordance with law, with opportunity of hearing to the petitioner, within one month of filing of the objection. Till such time, there will be no disconnection of the power supply to the petitioner. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge