IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 WP(C).No. 13266 of 2010(G) -------------------------- PETITIONER(S): --------------- AGREEN CO-FIBRE FOAM PVT. LTD., P.O.BALIAPATTAM, KANNUR DIST., REP. BY ITS MANGING DIRECTOR, P.V.RAGHAVAN. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. K.S.E.B., REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. SPECIAL OFFICER (REVENUE), K.S.E.B, VIDHYUTHI BHAVAN, PATTOM, TRIVANDRUM. 3. ASST. EXE. ENGINEER, KSEB, ELECTRICAL MAJOR SECTION, VALAPATTANAM. 4. CONSUMER GRIEVANCE REDRESSAL FORUM, (KSEB), NORTHERN REGION, GANDHI ROAD, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.4.2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 13266 of 2010 ================== Dated this the 16th day of April, 2010 J U D G M E N T The petitioner is a consumer of electricity. According to the petitioner, the petitioner has been paying current charges regularly and promptly. By Ext.P1, the petitioner was directed to pay an additional amount of Rs.1,30,739/- towards additional security deposit, which was paid. By Ext.P3, the petitioner was asked to pay another amount of Rs.1,40,173/- stated to be long pending arrears. The petitioner requested for details of the said arrears, which was not supplied. Again, by Ext.P5, the petitioner was directed to pay the arrears along with dues for February, 2010. Then also, the details of the demand were not furnished to the petitioner, despite a letter dated 5.4.2010 to the 2nd respondent requesting for details. In the above circumstances, the petitioner has filed Ext.P7 complaint before the 4th respondent under Section 42(5) of the Electricity Act, 2003. The petitioner apprehends coercive recovery of the alleged long pending arrears before the 4th respondent considers Ext.P7. The petitioner, therefore seeks the following reliefs: “1) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P5 and quash the same to the extent it demands an amount of Rs.140173/- as arrears from the petitioner. 2) A direction to the 4th respondent to consider and pass w.p.c.13266/10 2 orders on Ext.P7 complaint submitted by the petitioner within a time frame. 3) A declaration to the effect that the petitioner is not liable to pay any arrears of current charges to the respondent board which has not been shown as arrears in the previous bills as stipulated in regulation 18 (8) of the electricity supply code 2005.” 2. I have heard the learned Standing Counsel appearing for the Kerala State Electricity Board also. 3. In so far as the petitioner has filed Ext.P7 petition under Section 42(5) of the Electricity Act, it is only appropriate that further proceedings are kept in abeyance till the 4th respondent considers and passes orders on Ext.P7. In the above circumstances, this writ petition is disposed of with the following directions: The 4th respondent shall consider and pass orders on Ext.P7 as expeditiously as possible. Till orders are thus passed on Ext.P7, the demand for the alleged long pending arrears shall not be enforced, provided the petitioner pays regular charges without default. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge