IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 18662 of 2004(V) -------------------------- PETITIONER: --------------- V.I.BABY, PROPRIETOR, VETTUKATTIL TEXTILES, M.G.ROAD, ERNAKULAM. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, COLLEGE, K.S.E.B. KOCHI - 11. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, COLLEGE, K.S.E.B. KOCHI - 11. ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0613/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 18662/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTO COPY OF THE BILL NO.86365 DATED 15.06.1996 ISSUED BY THE 3RD RESPONDENT. EXT.P1(a) PHOTOCOPY OF THE BILL NO.36179 DATED 16.08.1996 ISSUED BY THE 3RD RESPONDENT. EXT.P1(b) : PHOTOCOPY OF BILL NO.69660 DATED 15.09.1996 ISSUED BY THE 3RD RESPONDENT. EXT.P1(c) : PHOTOCOPY OF THE BILL NO.010104 DATED 15.11.1996 ISSUED BY THE 3RD RESPONDENT. EXT.P2 : PHOTOCOPY OF THE DEMAND NOTICE NO.093488 DATED 21.04.1999 ISSUED BY THE 3RD RESPONDENT. EXT.P2(a) PHOTOCOPY OF THE STATEMENT ISSUED BY THE 3RD RESPONDENT. EXT.P3 : PHOTOCOPY OF THE JUDGMENT IN O.P.NO. 11813/99 DATED 06.02.2004. EXT.P4 : PHOTOCOPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4(a) : PHOTOCOPY OF THE WRITTEN VERSION SUBMITTED BY the PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5 : PHOTOCOPY OF THE ORDER NO.BO.NO.83/96 (PLG.COM)2920/96 TVM DATED 11.01.1996 OF THE 1ST RESPONDENT. EXT.P6 : PHOTOCOPY OF THE ORDER NO.GBI/22/04-05/481 DATED 03.06.2004 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(a) : A TRUE COPY OF THE ORDER DATED 30.07.1996 ISSUED BY THE SECRETARY, K.S.E.BOARD. //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 18662 of 2004 - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. to call for the records leading to Ext.P2, P2(a), P5 and P6 and quash the same by the issuance of a writ of certiorari. 2. To issue an appropriate writ, order or direction declaring that the petitioner is not liable to remit the amount demanded in Ext.P2. 3. to issue an appropriate writ, order or direction declaring that clause 6 of Ext.P5 is discriminatory and arbitrary or in the alternative to set aside clause 6 of Ext.P5 on the reason that it is discriminatory and arbitrary. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB. The learned counsel for the petitioner contends that Ext.P2 order was issued without prior notice as required by law. 3. In a recent judgment passed by the Apex Court in Executive Engineer and another v. Sri Seetaram Rice Mill (C.A. No. 8859 of 2011), it is held as follows: “As per Section 127 of the 2003 Act, only a final order of assessment passed under Section 126(3) is an order appealable under Section 127 and a notice-cum provisional assessment made under W.P.(C) No. 18662/2004 : 2: Section 126(2) is not appealable. Thus, the High Court should normally decline to interfere in a final order of assessment passed by the assessing officer. The High Court having dealt with the jurisdictional issue, the appropriate course of action would have been to remand the matter to the assessing authority by directing the consumer to file his objections, if any, as contemplated under Section 126(3) and require the authority to pass a final order of assessment as contemplated under Section 126(5) of the 2003 Act in accordance with law.” Following the aforesaid decision, I set aside Exts.P2 and P6 orders and remit the matter to the assessing authority to dispose of the same in accordance with law after giving an opportunity of hearing to the petitioner. The petitioner shall appear before the 2nd respondent on 09.01.2012 along with a copy of this judgment. The 2nd respondent shall pass a reasoned order within three months from the date of appearance of the petitioner. 4. Due credit shall be given to amount of `16,000/-, if any, remitted in pursuance to the interim order passed by this Court on 22.07.2004. There shall be no disconnection till such time. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 18662/2004 : 3: B.P. RAY, J. ----------------------------------------------------------- W.P.(C) No. 18662/2004 : 4: O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT