IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15698 of 2008(R) ------------------------------------- PETITIONER: ----------------- K.V.HASSAINAR, S/O. VEERAN, KAROTHUKUDY, KANDANTHARA, PERUMBAVOOR. BY ADV. SRI.P.ALI RESPONDENTS: ----------------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION VENGOLA. 2. THE ASSISTANT EXECUTIVE ENGINEER, KSEB, APTS, ERNAKULAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, KSEB, ANTI POWER THEFT SECTION, THRISSUR. 4. THE DEPUTY CHIEF ENGINEER, KSEB, PERUMBAVOOR CIRCLE, PERUMBAVOOR. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 15698 OF 2008 R -------------------------------------- Dated this the 27th May, 2008 JUDGMENT Petitioner is a consumer of electricity who is carrying on business in scrap materials. The Anti Power Theft Squad conducted an inspection. Apparently, they found that there was tampering of the meter. Petitioner stands issued with Ext.P2 against which the petitioner has filed Ext.P3 objection. I heard the learned standing counsel appearing for the respondent Electricity Board also. 2. Petitioner in this case calls in question Exts.P1 and P2 and seeks a direction to restore the electric connection which is already disconnected pursuant to Exts.P1 and P2. In the light of the fact that there is a remedy open to the petitioner to have his objections enquired into by the statutory authority, I am not inclined to entertain this Writ Petition under Article 226 of the Constitution of India. But, I feel that the electric connection can be restored to the petitioner on condition that the petitioner WPC. 15698/08 R 2 remits 1/3rd of the amount demanded under Ext.P2. Accordingly, the Writ Petition is disposed of as follows: There will be a direction to the first respondent to consider and take a decision on Ext.P3 in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of one month from the date of receipt of a copy of this Judgment. In the meantime, if the petitioner remits 1/3rd of the amount demanded in Ext.P2, the power supply disconnected shall be restored to the petitioner. K. M. JOSEPH, JUDGE kbk.