IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 15124 of 2001(A) ----------------------- PETITIONER: ------------------- C.AHAMMED KUTTY, S/O.HYDROSE HAJI, PERINCHERRY HOUSE, ANTHIYOORKUNNU, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENTS: ---------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, TRIVANDRUM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KONDOTTY, MALAPPURAM DISTRICT. 3. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI. C.K.KARUNAKARAN, SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.No.23734 of 2001 in OP.No.15124 of 2001-A. Dismissed. 2.1.2008. Sd/- T.R.Ramachandran Nair, Judge. APPENDIX PETITIONER'S EXHIBITS:- P1: Copy of the invitation card for the house warming ceremony of the petitioner. P2(Series): Copies of the receipts issued to the petitioner showing the remittances made on 7-4-2001. P3: Copy of notice served on the petitioner on 19—2001 as DB/Addl.load/ 2000-01 dated 27-2-2001 issued by the 3rd respondent. RESPONDENTS' EXHIBITS:- Nil. ( True copy ) P.A. to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = O.P.No.15124 OF 2001-A. = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T Petitioner is a consumer under the Electrical Major Section, Kondotty having Consumer No.6126. It is stated that the petitioner was having an electric connection to his residence from the year 1987 under the same consumer number and he constructed a new house after demolition of old house. The petitioner started occupying the newly constructed house only from 15-4-2001. It is also stated in the writ petition that on his request the single phase connection was converted into a three phase connection for which necessary charges have already been remitted by the petitioner. 2. The petitioner is aggrieved by Ext.P3 whereby he was informed that there was an unauthorised additional load of about 2260 watts connected to the newly constructed building with consumer No.6126 which is without any permission from the Electricity Board. The petitioner was directed to remit Rs.11,880/- as current charges also. 3. In CMP.No.23734/2001, this Court passed an order O.P.No.15124 OF 2001-A. 2 directing the respondents to reconnect electric supply on condition that the petitioner pays an amount of Rs.2,500/- within a period of three weeks from 8-5-2001. 4. In the nature of the dispute raised by the petitioner in this writ petition, the Assistant Engineer, Electrical Major Section, Kondotty will issue a proper notice to the petitioner showing the grounds for issuance of Ext.P3. Petitioner will be given adequate opportunity to file objection to raise all his contentions against it and Ext.P3 before the 3rd respondent. The petitioner will file objection to the notice within one month from its receipt and if such an objection is received, the 3rd respondent will consider the same on its merit and pass appropriate orders after affording sufficient opportunity to the petitioner to produce materials in support of the objections. The petitioner shall be afforded a personal hearing before any decision is taken as directed herein above. Pending the finalisation of the matter the electric connection shall not be disconnected. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/