High Court Kerala High Court

Njanaswamy vs Kerala State Electricity Board on 25 May, 2009

Kerala High Court
Njanaswamy vs Kerala State Electricity Board on 25 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13192 of 2009(T)


1. NJANASWAMY, S/O. LATE GURUSWAMY,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :25/05/2009

 O R D E R
                        ANTONY DOMINIC, J.
                    -------------------------
                     W.P.(C.) No.13192 of 2009
             ---------------------------------
               Dated, this the 25th day of May, 2009

                            J U D G M E N T

The petitioner submits that the premises of his father, to

which consumer No.2759 has been allotted and energy supplied,

were inspected by the respondents, and Ext.P1 was issued

demanding payment of an amount of Rs.1,23,537/-. It being a

provisional demand, it is seen that the petitioner filed Ext.P2

objection. However, without deciding on Ext.P2, the respondents

insisted on paying the amount claimed under Ext.P1 and this led the

petitioner to file the writ petition challenging Ext.P1.

2. The learned standing counsel for the respondents on

instructions now informs that on receipt of Ext.P2 objection filed by

the petitioner, the petitioner was heard by the 2nd respondent on

08/05/2009. It is also submitted that at the time of hearing, the

petitioner sought time for production of certain documents, and

that since the documents have not been produced, final order has

not been passed.

WP(C) No.13192/2009
-2-

3. Taking note of the submissions thus made by both sides,

the writ petition is disposed of with the following directions:-

That it will be open to the petitioner to produce documents, if any,

before the 2nd respondent within ten days from today. It is directed

that in any event, the 2nd respondent shall pass final orders on

Ext.P1 demand in the light of Ext.P2 and the submissions made by

the petitioner on 08/05/2009, as expeditiously as possible, at any

rate, within three weeks from today. It is directed that in the

meanwhile, power supplied to the premises in question shall not be

disconnected for non-payment of the amount claimed in Ext.P1.

4. The petitioner shall produce a copy of this judgment

along with a copy of this writ petition before the 2nd respondent for

compliance.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg