IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 12778 of 2006(U) -------------------------- PETITIONER: --------------- PHILIP A.MULAKKAL, S/O.M.P.IPPUNNIL, MULAKKAL HOUSE, AYYANTHOLE VILLAGE, PANANCHIKKAL DESOM, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, K.S.E.B., ELECTRICAL SECTION, ARIMBOOR, THRISSUR DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, A.P.T.S., PALAKKAD. 4. THE DEPUTY CHIEF ENGINEER, A.P.T.S., PALAKKAD. 5. THE CHIEF ENGINEER, CENTRAL ZONE, K.S.E.B., RAVIPURAM, ERNAKULAM. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.12778/2006 APPENDIX EXT.P1 TRUE COPY OF THE SITE MAHAZAR WITH CALCULATION STATEMENT ISSUED BY THE 2ND RESPODENT DTD. 16/98/2003. EXT.P2 TUE COPY OF THE ORDER RENDEED IN APPEAL BY THE 4TH RESPONDENT DTD. 2/12/2005. EXT.P3 TRUE COPY OF THE COMMUNICATION BY THE 2ND RESPONDENT WITH CALCULATION STATEMENTTO THE PETITIONER DTD. 14/2/2006. EXT.P4 TRUE COPY OF TE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DTD. 14/2/206. EXT.P5 TRUE COPY OF THE DISCONNECTION NOTICE SERVED ON THE PETITIONER DTD. 19/4/2006 BY THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE STATUTORY APPEAL BY THE PETITIONER BFFORE THE 5TH RESPONDENT DTD. 27/2/2006. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.12778 OF 2006 ---------------------------- DATED THIS THE 19TH DAY OF MARCH, 2009 JUDGMENT Ext.P6 appeal filed by the petitioner is pending before the Chief Engineer, Central Zone, K.S.E. Board, Ernakulam. Since the appeal is pending, the only relief as sought for is for a direction to the 5th respondent to consider and dispose of the appeal on merits. Accordingly, there will be a direction to the 5th respondent to consider and dispose of Ext.P6 appeal in accordance with law, after affording an opportunity of being heard to the petitioner within a period of three months from the date of receipt of a copy of this judgment. Ext.P5 shall be kept in abeyance till the disposal of the appeal. The petitioner shall furnish a copy of this judgment along with copy of this writ petition to the 5th respondent within three weeks from today. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.