IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 34236 of 2010(D) ---------------------------------------- PETITIONER(S): ---------------------- SUBIN. P.S, AGED 39 YEARS, S/O.P.K. SALIM, MANAGING PARTNER, "ISOFT", V.U. PLAZA, KODUNGALLUR. BY ADV. SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.JAGAN GEORGE, SRI.K.A.NOUSHAD, SRI.P.G.PRAMOD, SRI.KANDAMPULLY RAHUL. RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DEPUTY CHIEF ENGINEER, KSE BOARD, ELECTRICAL CIRCLE, IRINJALAKUDA, PIN-680 121. 3. THE SUB ENGINEER, ELECTRICAL SECTION NO.II, KSE BOARD, KODUNGALLUR, PIN-680 664. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION NO.II, KSE BOARD, KODUNGALLUR, PIN-680 664. 5. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION NO.II, KSE BOARD, KODUNGALLUR, PIN-680 664. R1 TO R5 BY GOVT. PLEADER MR.P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.34236 of 2010 ---------------------------- Dated 18th November, 2010 JUDGMENT The petitioner is a Low Tension consumer. According to the petitioner, on account of widening of the Chandapura - Kottappuram Bye pass the Electrical meter installed in the rented building of the petitioner has to be shifted to some other place. In fact, the petitioner has submitted Ext.P7 application for the said purpose. The other grievance of the petitioner is that against the provisional assessment in respect of earlier period, at the appropriate time the petitioner has submitted Exts.P3 and P12 objections under section 126(3) of the Electricity Act, 2003 (for short `the Act'). So far the respondents have not passed any orders as contemplated under section 126(5) of the Act. For the purpose of regularisation of the unauthorised load the petitioner has submitted yet another application on 23.1.2010. Despite the lapse of several months no orders have been passed thereon. In fact, it is to redress the aforesaid grievances that this writ petition has been filed. 2. Learned standing counsel for the respondents submitted that considering the fact that request for shifting of meter was made by the petitioner on account of widening of Chandapura - Kottappuram WP(C).No.34236/2010 2 Bye pass the shifting could be effected in terms of the said request in case the petitioner makes work deposit. In case the petitioner deposits the amount required thereof, it will be shifted within a period of three days. In the above circumstances, there will be a direction to the fourth respondent to shift the meter installed in the petitioner's rented building, in terms of Ext.P7 application, within three days in case the petitioner makes the work deposit. With respect to the grievance relating to the pendency of Exts.P3 and P12 objections preferred by the petitioner under section 126(3) of the Act, it is admittedly pending before the fourth respondent. Therefore, the fourth respondent is directed to consider and pass orders on Exts.P3 and P12 objections in terms of Section 126(5) of the Act expeditiously, at any rate within a period of one month from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. With respect to the other grievance of the petitioner regarding inaction to regularise the unauthorised load, admittedly, the petitioner has submitted an application as early as on 23.1.2010 and the same is still pending with the fifth respondent. Therefore, the fifth respondent is directed to take appropriate decision and action on the WP(C).No.34236/2010 3 application submitted by the petitioner on 23.1.2010 requesting for regularisation of the unauthorised load, in accordance with the relevant provisions, expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS