IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 9013 of 2008(W) ------------------------- PETITIONER: ------------------ DR.H.SHAMSUDHEEN, AGED 57 YEARS, S/O.HASSAN BAVA, RESIDING AT MANNUVEEDU, ERANHIPPALAM, KOZHIKODE. BY ADV. SRI.JACOB E SIMON RESPONDENTS: ---------------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, KARAPARAMBA, CALICUT-10. 2. THE DEPUTY CHIEF ENGINEER, ANTI POWER THEFT SQUAD, VELLAYIL, GANDHI ROAD, KOZHIKODE. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. BY SC SRI.P.P.THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.9013 of 2008 ================================== Dated this the 17th day of March, 2008. JUDGMENT Heard the learned counsel for the petitioner and learned standing counsel for the Electricity Board. 2. In view of Section 145 of the Electricity Act, hereinafter referred to as the “Act”, learned counsel for the petitioner states that Ext.P2 suit is being withdrawn and such withdrawal may not stand in the way of the proceedings under Sections 126 and 127 of the Act. Recording such submission on behalf of the petitioner and conceding the request for leave and liberty to proceed with action under Sections 126 and 127 of the Act, in exercise of authority under Article 227 of the Constitution of India, Ext.P2 suit, O.S.No.85 of 2008 is struck off from the file of the Sub Court, WPC9013/2008 -:2:- Kozhikode without prejudice to the right of the plaintiffs therein to prosecute remedies available under Sections 126 and 127 of the Act and with leave and liberty preserving the cause of action in relation to such proceedings. 3. Petitioner and his wife are doctors. They have a unit in their residence, which they call as the consulting room, but the Electricity Board authorities say that it is a dental clinic. The issue is regarding the amounts charged by the Electricity Board following inspection which falls within the parameters of Section 126 of the Act. Under such circumstances, this writ petition is disposed of directing that, if the petitioner remits one third of the amounts covered by the impugned demand and files objection to the demand, the respondents will treat that as objections under Section 126 and act accordingly. On payment of one WPC9013/2008 -:3:- third of the amounts as directed above and re- connection fee, supply of energy to the premises shall be re-connected. Issue certified copy today. Thottathil B.Radhakrishnan, Judge. sl.