IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36196 of 2008(H) -------------------------- PETITIONER(S): --------------- SUDHIR GOPI, AGED 48 YEARS, S/O.SRI.GOPI, RESIDING AT CA-11,REVEIRA SUITS, THEVARA, COCHIN-682013. BY ADV. SRI.P.GOPAKUMARAN NAIR SHRI.C.S.DIAS RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, TRIPUNITHURA. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, THRIKKAKARA. SHRI.P.P.THAJUDEEN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No. 36196 of 2008 ------------------------------------- Dated this the 10th day of December, 2008 J U D G M E N T Heard both sides. 2. The grievance of the petitioner pertains to Exts.P4, P5 & P6. While the petitioner contends that the amount demanded by Exts.P4, P5 & P6 ought not have been demanded in view of Exts.P2 & P3 interim orders of this Court in WP(C) No.26822/2008, the learned standing counsel for the Board contends that the demand made in Exts.P4 to P6 is not related to the subject matter of the writ petition referred to above. 2. This being a factual issue, it has to be resolved by an Officer of the Board itself, and in my view, the 3rd respondent is the most competent officer to determine this factual controversy. I, therefore, direct that it will be open to the petitioner to file his objections to Exts.P4 to P6 bills to the 3rd respondent within two weeks from today, in which case, the 3rd respondent shall consider the objections raised by the petitioner with notice to him and decide the matter. It is directed that the consideration of the objections shall be conditional on the petitioner paying the energy W.P.(C) No.36196/2008 -2- charges that are demanded by Ext.P6. Needless to say that subject to the condition as above, further proceedings for realizing the balance amount due under Ext.P6 will be kept in abeyance and its realisation will depend upon the decision to be taken by the 3rd respondent on the objections to be filed by the petitioner against Exts.P4 to P6. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg