High Court Kerala High Court

Alex Paul vs Kerala State Electricity Board on 8 July, 2008

Kerala High Court
Alex Paul vs Kerala State Electricity Board on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20518 of 2008(P)


1. ALEX PAUL, MANAYATH HOUSE,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER,

3. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.P.VINODKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :08/07/2008

 O R D E R
                                   K.M.JOSEPH, J.
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                            WP.(C) No. 20518 of 2008
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                        Dated this the 8th day of July, 2008

                                      JUDGMENT

Petitioner challenges Exts.P6 and P8 and seeks a direction to

the third respondent to pass final orders considering Ext.P7 objection.

2. I heard learned Standing Counsel also. He submits that

Ext.P6 is a bill issued under Section 126 of the Electricity Act and Ext.P8 is

the regular bill. According to the petitioner Ext.P8 is a bill which combines

the regular bill as also the demand raised in Ext.P6. As far as Ext.P6 is

concerned, it is submitted by the learned counsel for the respondents that it

can be treated as a provisional bill and the petitioner can file objections

under Section 127 of the Electricity Act, therefore it can be finalised after

affording an opportunity of hearing to the petitioner. It is submitted by the

learned counsel for the petitioner that the petitioner has submitted Ext.P7

before the Assistant Executive Engineer and it has been forwarded to the

third respondent. In the light of this, the writ petition is disposed of as

follows:

There will be a direction to the third respondent to consider and

take a decision on Ext.P7 objection in accordance with law after affording

an opportunity of hearing to the petitioner within a period of one month

WPC.20518/2008. 2

from the date of receipt of a copy of this judgment. Till such time as a

decision is taken, there will no disconnection on condition that the

petitioner pays the regular bill.

(K.M. JOSEPH, JUDGE)

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