IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19849 of 2009(A) -------------------------- PETITIONER(S): --------------- PRASAD HOTELS PRIVATE LIMITED, P.M.G.JUNCTION, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS MANAGING DIRECTOR, P.SURENDRAN. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, POWER HOUSE BUILDING, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, POWER HOUSE BUILDING, THIRUVANANTHAPURAM. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTIRICITY BOARD, CANTONMENT, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETRY, POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 4 BY GOVT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19849 OF 2009 ------------------------ Dated this the 15th day of July, 2009. JUDGMENT The petitioner's premises, to which energy is supplied under Consumer No.2426, was inspected by the respondent. It is stated that on inspection, unauthorized additional load was found and that on that basis, a bill for Rs.13,30,790/- was issued to the petitioner. That was challenged before this court in WP(c).No.9775/05 resulting in Ext.P2 judgment where the petitioner was directed to file his objection to the provisional bill. Ext.P3 objection was filed and petitioner was issued Ext.P7 notice of hearing and was also heard. Thereafter, by Ext.P12 order, the bill issued was confirmed. Following Ext.P12, Ext.P13 fresh bills has been issued. It is Exts.P12 and P13, which is under challenge in this writ petition. WP(c).No.19849/09 2 2. A reading of Ext.P12 itself shows that the demand made by the petitioner is under Section 126(1) of the Indian Electricity Act. If so, an alternate remedy of appeal is available to the petitioner under Section 127 of the Indian Electricity Act. Therefore, the writ petition is disposed of directing that within 4 weeks from today, it will be open to the petitioner to file an appeal against Ext.P12, in which even the appellate authority shall entertain the appeal and consider the same on merits and pass orders expeditiously. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19849/09 3