IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16145 of 2008(V) ---------------------------------------------- PETITIONER: ------------------ C.O.THOMAS, AGED 46 YEARS, S/O.OUSEPH, PROPRIETOR ANUS INDUSTRIES, RESIDING AT CHOOLLIYATTU, MALAYIDOMTHURUTTU, EDATHALA, ALUVA. BY ADV. SRI.C.A.JOY RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDUTHI BHAVAN, THIRUVANANTHAPURAM. 2. ASST.ENGINEER, KSEB, KIZAKKAMBALAM. BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 16145 OF 2008 V -------------------------------------- Dated this the 30th May, 2008 JUDGMENT Petitioner calls in question Ext.P7. Ext.P7 is a penal bill apparently authorising unauthorised connected load. Ext.P8 is a regular bill. According to petitioner, Ext.P7 is issued without following the mandatory provisions. There was no notice and objections were not called for. He would also submit that Section 126 of the Electricity Act, 2003 is inapplicable and this case is not covered by that provision. He was not given an opportunity to file objection and no notice was given, it is stated. Heard the learned standing counsel appearing for the respondent Electricity Board. He would submit that Ext.P7 can be treated as a provisional bill and the petitioner can file his objections to the same and that will be considered and a decision taken in accordance with law. 2. The Writ Petition is disposed of as follows: Ext.P7 shall be treated as a provisional bill under Section WPC. 16145/08 V 2 126 of the Act. It will be open to the petitioner to file his objections to Ext.P7 within a period of two weeks from the date of receipt of a copy of this Judgment. A decision shall be taken in the matter by the second respondent in accordance with law after considering the objections of the petitioner, within a period of one month from the date of filing of the objection, after affording an opportunity of hearing to the petitioner also. In the meantime, if the petitioner pays 1/3rd of the amount demanded in Ext.P7, the electric connection in the name of the petitioner shall not be disconnected, if it is not already disconnected. If it is already disconnected, upon paying 1/3rd of the amount as aforesaid, the connection shall be restored to the petitioner forthwith. If it is already disconnected, petitioner will also pay the reconnection charges along with 1/3d of the amount. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge