IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).NO. 34947 OF 2011(P) -------------------------- PETITIONER: ------------------ ST.PAUL'S ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, KOHINOOR, THENHIPALAM P.O., MALAPPURAM-673636, REPRESENTED BY ITS MANAGER. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM , REPRESENTED BY ITS SECRETARY, PIN-695004. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, CHELARI, PIN-673636. 3. ANOOP KUNNATH, SUB-ENGINEER, KSEB, ELECTRICAL SECTION, CHELARI, PIN-673636. 4. SURESH, ASSISTANT ENGINEER, ANTI POWER THEFT SQUAD, KALPATTA, PIN-673121. 5. SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KSEB, CHELARI, PIN-673636. ADV.SRI.K.M. SATHYANATHA MENON, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C) No.34947 of 2011 ------------------------------------------- Dated this the 23rd day of December, 2011 J U D G M E N T ---------------------- It is noticed that against Ext.P2 provisional order imposing penalty under Section 126 of the Electricity Act, 2003, the petitioner had preferred objection before the 2nd respondent, as per Ext.P4. Grievance of the petitioner is that without considering Ext.P4 the respondents are proceeding with coercive steps of recovery of the amounts covered under Ext.P2. 2. Going by provisions contained in Section 126 of the Electricity Act, 2003, when objection is raised against any provisional invoice, it is for the authority concerned to consider such objections of the consumer and to take a final decision. Therefore the 2nd respondent is duty bound to consider Ext.P4 objections and to take final decision. It is not legal or sustainable to have any steps of recovery without making final assessment. W.P.(C).34947/11 -2- 3. Under the above mentioned circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P4 objections and to take a final decision as contemplated under Section 126 of the Electricity Act. The decision as directed above shall be taken as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of personal hearing to the petitioner. Needless to say that the electric connection of the petitioner shall not be disconnected till a final decision is taken. (Sd/-) C.K.ABDUL REHIM, JUDGE. okb True copy P.A to Judge