IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 26053 of 2004(B) -------------------------- PETITIONER: ------------ SITARAM TEXTILES LTD., PUNKUNNAM THRISSUR-680 002, REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.U.K.RAMAKRISHNAN (SR.) SMT.P.VIJAYAMMA SMT.UMA GOPINATH SRI.SANDEEP.E. RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE ASSISTANT ENGINEER, THE KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MUTHUVARA. 3. THE SENIOR SUPERINTENDENT THE KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, MUTHUVARA. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB FOR R1 TO R3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1TOR3 SHRI.SHYJAN.P.MANGUZHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON 18/09/2008 DELIVERED THE FOLLOWING: WPC NO.26053/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE BILLD ATED 15/04/1993 ISSUED BY THE 3RD RESPONDENT. P2 : COPY OF THE BILL DATED 15/05/1994 ISSUED BY THE THIRD RESPONDENT FOR THE MONTH 4/94. P3 : COPY OF BILL DATED 11/11/1994 FOR THE MONTH OF 10/94. P4 : COPY OF THE BILLD ATED 10/01/96 FOR THE MONTH 12/95. P5 : COPY OF THE BILL DATED 15/02/1996 FOR THE MONTH OF JANUARY 1996. P6 : COPY OF THE BILL DATED 15/03/96 FOR THE MONTH 2/96. P7 : COPY OF THE BILL DATED 15/04/96 FOR THE MONTH OF 3/96. P8 : COPY OF THE RELEVANT PAGE OF THE GATE ENTRY BOOK MAINTAINED BY THE PETITIONER. P9 : COPY OF THE LETTER DATED 29/08/2002 SENT BY THE PETITIONER TO THE SECOND RESPONDENT. P10 : COPY OF THE DEMAND DEMANDING FIXED CHARGES FOR THE MONTHS 9/02 TO 12/02. P11 : COPY OF THE BILL DATED 04/02/2003 STYLED AS FINAL BILL. P12 : COPY OF THE LETTER DATED 16/08/2003 CLAIMING RS.91,171/-. P13 : COPY OF THE JUDGMENT DATED 05/03/2004. P14 : COPY OF THE DETAILED OBJECTION DATED 07/05/2004. P15 : COPY OF THE PROCEEDINGS DATED 31/07/2004. P16 : COPY OF THE REVISED FINAL BILL. P17 : COPY OF THE COVERING LETTER OF THE SECOND RESPONDENT DATED 05/08/2004. RESPONDENT'S EXHIBITS R1(a) : COPY OF REVISED FINAL BILL AND STATEMENT OF A/C DATED 05/12/2002. //TRUE COPY// PA TO JUDGE. jg K.BALAKRISHNAN NAIR, J. ------------------------- W.P.(C) No. 26053 of 2004 --------------------------------- Dated, this the 18th day of September, 2008 J U D G M E N T After hearing the writ petition for sometime, it was felt that the dispute raised in this writ petition is essentially a disputed question of fact, which cannot be resolved under Article 226 of the Constitution of India. So the learned counsel for the petitioner prayed that it may be permitted to invoke the appellate remedy available to it under the provisions of the Electricity Act, 2003. In view of the above position, the writ petition is dismissed without prejudice to the contentions of the petitioner and its right to invoke the statutory remedy. The period, the writ petition was pending before this Court, shall be excluded, while computing the period of limitation, if any, in invoking the appellate remedy. If the petitioner pays rupees ten thousand within two weeks from today, the impugned demand will remain in abeyance for a period of one month from today, so that the petitioner can avail appellate remedy in the meantime. (K.BALAKRISHNAN NAIR, JUDGE) jg