High Court Kerala High Court

K.J.Thomaskutty vs Kerala State Electricity Board on 17 February, 2009

Kerala High Court
K.J.Thomaskutty vs Kerala State Electricity Board on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5133 of 2009(J)


1. K.J.THOMASKUTTY, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. EXECUTIVE ENGINEER, PATHANAMTHITTA

3. ASSISTANT ENGINEER, ELECTRICAL DIVISION

                For Petitioner  :SRI.BECHU KURIAN THOMAS

                For Respondent  : No Appearance

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

 Dated :17/02/2009

 O R D E R
                         K. M. JOSEPH, J.
                  --------------------------------------
                    W.P.C. NO. 5133 OF 2009 J
                   --------------------------------------
                Dated this the 17th February, 2009

                             JUDGMENT

Petitioner challenges Exts.P3 and P4. I heard the learned

standing counsel also. Learned standing counsel points out that

it is open to the petitioner to file objections to Exts.P3 and P4. It

is no doubt true that in the objection filed earlier, no decision

has been taken so far. But, that may not entitle the Officer to

proceed again in the matter without issuing provisional Bills.

Exts.P3 and P4 can only be treated as provisional Bills and it is

for the petitioner to raise his objections to the same and to take

such steps as he is entitled to in law as against the same. It is

submitted that the power supply has already been disconnected.

No recovery steps are brought to my notice. In such

circumstances, the Writ Petition is disposed of directing that if

the petitioner files objections to Exts.P3 and P4 before the third

respondent within ten days from today, the third respondent will

WPC.5133/09 J 2

consider and take a decision on the same in accordance with law

with opportunity of hearing to the petitioner.

Sd/=
K. M. JOSEPH, JUDGE

kbk.

// True Copy //
PS to Judge