IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23504 of 2009(G) -------------------------- PETITIONER(S): --------------- D.SHANKER, AGED 56 YEARS, S/O.DOODYA NAIK, SENIOR LAISON OFFICER, COFFEE BOARD, KUZHINILAM, MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THAVINHAL, MANANTHAVADY, WAYANAD DISTRICT. 2. THE ASSISTANT ENGINEER, ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD, KALPETTA, WAYANAD DISTRICT. 3. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KALPETTA, KERALA STATE ELECTRICITY BOARD. 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23504 of 2009 --------------------------------- Dated, this the 18th day of August, 2009 J U D G M E N T It is stated by the petitioner that in his residential premises, there has been an inspection by the Anti Power Theft Squad of the Board. Ext.P5 is stated to be the mahazar, and thereupon, Ext.P3 bill for Rs.36,500/- was issued to the petitioner under cover of Ext.P4 letter. The petitioner submits that although, under Section 126 of the Electricity Act, 2003 he is entitled to file objection to Ext.P3, the respondents have threatened him that the power supply will be disconnected if the amount mentioned in Ext.P3 is not paid. 2. Ext.P3 has been issued in terms of the provisions contained under Section 126 of the Act, and it being only a provisional demand, the petitioner is entitled to file his objection and the same is liable to be dealt with and orders passed by the authorities. Until the process is completed, disconnection or any other coercive action is impermissible. 3. Therefore, the writ petition is disposed of directing that WP(C) No.23504/2009 -2- within two weeks from today, it will be open to the petitioner to file his objection to Ext.P3 bill, in which event, the same shall be dealt with and orders thereon shall be passed. It is directed that if objection is filed as above, the same will be dealt with in accordance with law. It is directed that coercive action pursuant to Ext.P3 shall not be initiated until matter is considered as above. 4. The petitioner shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg