IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 21544 of 2009(K) -------------------------- PETITIONER(S): --------------- JOBI JOHN, S/O.C.J.JOHN, AGED 39 YEARS, HOUSE NO.14/110 W 40, HAPPY VILLA, HAPPY NAGAR, KAKKANAD, CEPZ P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.N.SHAMSUL HUDA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE ASST. EXE. ENGINEER, K.S.E.B., KAKKANAD. 3. THE ASST. ENGINEER, K.S.E.B., KAKKANAD. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21544 of 2009 --------------------------------- Dated, this the 3rd day of August, 2009 J U D G M E N T The prayer sought in this writ petition is to direct the respondents to resume power supply to the residential house of the petitioner. 2. Facts of the case show that the petitioner, a Non Resident Indian, is the owner of House No.14/110 W40 of Happy Villa, Happy Nagar, Kakkanad. According to the petitioner, on account of the fact that consumption was minimum due to his absence, the bills were always for very small amounts. However, he was issued Ext.P4 bill demanding an amount of Rs.33,750/-. That was followed by Exts.P5 to P12 bills. It is stated that there was no consumption to justify the demand under Ext.P4. Therefore, except the bills covered by Ext.P4, rest of the bill amounts have been paid. In view of the non-payment of Ext.P4 bill, supply has been disconnected. It is complained that a representation made seeking an enquiry into the demand has not evoked any response. It is in WP(C) No.21544/2009 -2- these circumstances, this writ petition has been filed praying to direct the respondents to reconnect the power supply. 3. A reading of Ext.P3, the mahazar prepared at the time of Inspection of the petitioner's residential premises, show that at the time of inspection, the Sub Engineer found that somebody was working in the petitioner's premises with a welding set. It was on that basis, consumption was quantified and Ext.P4 bill was issued. 4. On account of the facts as stated in Ext.P3 mahazar, I do not find any irregularity in Ext.P4. If that be so, since the petitioner has not made payment of the amount covered by Ext.P4, disconnection for non-payment also cannot be faulted. In the circumstances, the relief as sought for, cannot be granted. Therefore, the writ petition is dismissed. However, it is directed that if the petitioner remits the amount due from him as per Ext.P4 along with reconnection charges, power supply will be restored immediately thereafter. 5. Although, the learned counsel for the petitioner seeks a direction for consideration of Ext.P14 representation dated 13/07/2009, on account of the long lapse of time since November, 2006 when the bill was issued, I do not think that any useful WP(C) No.21544/2009 -3- purpose will be served by directing consideration of Ext.P14 representation, at this distance of time. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg