IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 37944 of 2010(P) ----------------------------------- PETITIONER(S): ------------------------ M.C.MATHEW, S/O. CHACKO, MARANGATTIL HOUSE, PUTHUSSERY..O., MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): --------------------------- 1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, VELLAMUNDA, KATTAYAD.P.O., MANANTHAVADY, WAYANAD DISTRICT-670731. 2. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KALPETTA, KERALA STATE ELECTRICITY BOARD, OFFICE OF THE DEPUTY CHIEF ENGINEER, KALPETTA WAYANAD DISTRICT-673121. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM-695004. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 37944 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2010 J U D G M E N T The petitioner is a Low Tension consumer of the 3rd respondent. This writ petition has been filed mainly challenging Exts P1 and P2 and with a further prayer to issue a writ of mandamus commanding the respondents to reimburse an amount of Rs.50077/-. A scanning of the contentions raised in this writ petition would reveal that essentially the grievance of the petitioner is against the provisional assessment made in terms of the provision under Section 126(1) of the Indian Electricity Act, 2003. In terms of provision under Section 126(3) of the Act, the person aggrieved by a provisional assessment is at liberty to raise his objection against such provisional assessment and the assessing authority on receipt of such objection has to pass an order in terms of section 126(5) finalizing the assessment. In case, the complainant is still aggrieved by the order, the matter has to be taken in appeal in terms of the provision under Section 127 of the Act. Obviously, in this case, the WPC.37944/2010 : 2 : petitioner is aggrieved by the provisional assessment. In view of the said position obtained in this case, the petitioner is granted liberty to approach the assessing authority filing objection against Ext.P1 within a period of two weeks from the date of receipt of a copy of this judgment. In case, the petitioner prefers such an objection, the same shall be considered by the assessing authority in terms of the provision under section 126(3) of the Act with an opportunity to the petitioner. It is made clear that the entitlement of the petitioner to get refund of the amount already paid pursuant to Ext.P2, will be subject to the decision to be taken by the assessing authority on the objection. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge