IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 10035 of 2011(D) -------------------------------- PETITIONER: --------------- M.M.SULAIMAN, S/O.HANEEFA, WIN BROOK ESTATE PVT.LTD., PUTHUSSERI, NILAMEL, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KADAKKAL, KOLLAM DISTRICT. 3. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, KOTTARAKARA. ADV. SRI. P.P. THAJUDHEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 10035/2011 :2: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER ON 17.02.2011. EXT.P2: TRUE COPY OF THE MAHAZAR PREPARED BY THE SUB ENGINEER, ELECTRICAL SECTION, KADAKKAL. EXT.P3: TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER ON 21.02.2011. EXT.P4: TRUE COPY OF THE PENAL BILL DATED 21.02.2011. EXT.P5: TRUE COPY FOR THE APPEAL FILED BEFORE THE SECOND RESPONDENT. EXT.P6: TRUE COPY OF THE AGREEMENT DATED 10.10.2010 BETWEEN THE ELECTRICIAN AND THE PETITIONER. EXT.P7: TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE PETITIONER TO M/S. EDU SMART SERVICES PVT. LTD. EXT.P8: TRUE COPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT ON 03.03.2011 TO THE PETITIONER. EXT.P9: TRUE COPY OF THE FINAL PENAL BILL ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER ON 03.03.2011. RESPONDENTS' EXHIBITS: NIL //True Copy// P.A to Judge. rv P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 10035 OF 2011 -------------------------- Dated this the 16th day of June, 2011 J U D G M E N T This writ petition is filed challenging Exts.P3, P8 and P9. When the writ petition was admitted on 29.3.2011, this Court had passed an interim order directing restoration of electricity supply to the petitioner's residence on the petitioner depositing the sum of Rs.50,000/-. It was also clarified that the amount covered by the said deposit will be reckoned for the purpose of computing the amount required to be deposited under section 127 of the Electricity Act, 2003 for the purpose of filing an appeal. As directed by this Court, the petitioner deposited the sum of Rs.50,000/- and electricity supply was restored. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner has filed an appeal challenging the impugned order, that the appeal has been entertained and that the Deputy Chief Engineer is in seizin of the matter. The learned standing counsel appearing for the Kerala State Electricity Board submitted that the appeal stands posted for hearing on 20.6.2011. In such circumstances as the petitioner has invoked the alternate remedy WPC No.10035/2011 2 available to him by way of appeal and as the appeal is posted for hearing, I dismiss the writ petition as infructuous leaving open the petitioner's contentions and reserving liberty with him to raise all the contentions raised in the writ petition before the third respondent. P.N.RAVINDRAN, (JUDGE) vps WPC No.10035/2011 3 P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 10035 OF 2011 -------------------------- Dated this the 29th day of March, 2011 O R D E R Admit. Sri.P.P.Thajudheen, learned standing counsel takes notice for the respondents. There will be an interim order directing the respondents to restore electricity supply to the petitioner's residence (Consumer No.1016) in the event of the petitioner depositing with the second respondent the sum of Rs.50,000/- (Rs.Fifty thousand only). It is clarified that in the event of the petitioner filing an appeal challenging the impugned orders/demand notices the said payment shall be given credit to for the purpose of computing the amount required to be paid under section 127 of the Electricity Act, 2003. The electricity supply shall be restored on the day the petitioner deposits the sum of Rs.50,000/- (Rs.Fifty thousand only). The petitioner shall also pay the reconnection charges. Handover a copy of this order to both sides on usual terms. Post on 5.4.2011. WPC No.10035/2011 4 P.N.RAVINDRAN, (JUDGE) vps