IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19062 of 2008(T) -------------------------- PETITIONER: ------------ K.MUJEEB REHMAN, 12/585, NARIPARA CHALLA, P.O. GOVINDAPURAM, PALAKKAD DISTRICT 678 507. BY ADV. SRI.M.AJAY RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, (REPRESENTED BY ITS ASSISTANT EXECUTIVE ENGINEER KSEB) ELECTRICAL SUB DIVISION, KOLLANGODU, PALAKKAD DISTRICT,678 506. 2. THE ASSISTANT ENGINEER, KSEB, KSEB OFFICE,MUTHALAMADA, PALAKKAD DISTRICT. 3. THE CONSUMER GRIEVANCE REDRESSAL FORUM, KSEB (REPRESENTED BY ITS DEPUTY CHIEF ENGINEER, CGRF) KSEB OFFICE, GANDHI ROAD, KOZHIKODE. BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 19062 OF 2008 T ```````````````````````````````````````````````````` Dated this the 25th day of June, 2008 J U D G M E N T Case of the petitioner in brief is as follows. The petitioner is a consumer under the 1st respondent. He was granted a 10 HP 3 phase connection in his premises. He paid the amount but it was found that there was severe drop in voltage at the premises. Then, the petitioner made a request to avail the OYEC connection. The petitioner has to pay Rs.1,00,000/- of which he paid Rs.25,000/- and agreed to pay the balance amount in 48 equal monthly instalments. The complaint of the petitioner is that though the connection was provided in May 2007, the voltage problem is not rectified yet. The petitioner sent Exts.P5 to P7 letters by registered post. No response was elicited. He is now served with Ext.P8 notice asking him to remit a sum of Rs.10,644/- along with the monthly bill. He has filed Ext.P9 before the 3rd respondent. The petitioner challenges Ext.P8 and seeks direction to 1st and 2nd respondents to desist from demanding any payment towards OYEC scheme without ensuring supply of electricity to the WPC.19062/08 : 2 : petitioner's premises with the voltage as mandated under Regulation 4(2)(a)(ii) of the Kerala Electricity Supply Code and Regulation 45(1)(a)(ii) of the KSEB Terms and Conditions of Supply. The petitioner also seeks a direction to consider and dispose of Ext.P9. 2. I heard learned standing counsel also. I feel that a decision should be ordered to be taken on Ext.P9. In the meantime, the petitioner should be granted partial relief against Ext.P8. In such circumstances, the writ petition is disposed of as follows. There will be a direction to the 3rd respondent to consider and take a decision on Ext.P9, after affording an opportunity to hear the petitioner, within sixty days from the date of receipt of a copy of this judgment. Ext.P8 will not be enforced if the petitioner remits a sum of Rs.7,500/- (Rupees seven thousand and five hundred only) within two weeks from today and continues to pay the monthly bill till a decision is taken in the matter. Sd/- (K.M.JOSEPH, JUDGE) aks