IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24630 of 2009(W)
1. SANTHOSH PAUL ANTHRAPER,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE SENIOR SUPERINTENDENT,
3. THE DIRECTOR, DEPARTMENT OF TOURISM
For Petitioner :SRI.V.L.SHENOY
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/08/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.24630 OF 2009
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Dated this the 26th day of August, 2009.
JUDGMENT
Petitioner submits that he is running a Home Stay
Unit. in respect of which energy charges were being levied
applying LT-IA tariff. It is stated that on 18th August, 2009,
his premises were inspected by the Anti Theft Squad which
prepared Ext.P11 mahazar, based on which Ext.P12
provisional demand was issued. On its receipt petitioner
filed Ext.P13 objection to the Senior Superintendent. It is
stated that in the meanwhile, the date specified for
payment is fast approaching and this writ petition is filed
mainly to avert disconnection for non-payment of the
amount demanded in Ext.P12, pending decision in the
matter.
2. I heard the Standing Counsel appearing for the
respondent also.
WP(c).No.24630/09 2
3. Evidently, Ext.P12 demand is a provisional one issued
in terms of the provisions contained in Section 126 of the
Indian Electricity Act, 2003. On its receipt the consumer is
entitled to raise his objection in which event Assessing Officer
is bound to consider the matter in the light of the objections
filed. According to the petitioner, such a decision is yet to be
taken by the Assessing Officer and if that be so, it is
premature to enforce Ext.P12 provisional demand by resorting
to coercive action.
4. Having regard to the above, I dispose of this writ
petition with the following directions.
5. The Assessing Officer concerned shall consider
Ext.P12 provisional demand in the light of Ext.P13 objections
filed by the petitioner with notice to the petitioner and shall
pass orders thereon after affording the petitioner an
opportunity of hearing. It is directed that in the meanwhile,
coercive action pursuant to Ext.P12 shall not be enforced. \
WP(c).No.24630/09 3
6. It is clarified that if the petitioner so desires, he will be
at liberty to file any supplementary objections to Ext.P12
provisional demand within one week from today.
Petitioner shall produce a copy of the judgment along
with a copy of this writ petition before the 2nd respondent for
compliance.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.24630/09 4