IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16145 of 2008(V)
1. C.O.THOMAS
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD
... Respondent
2. ASST.ENGINEER, KSEB, KIZAKKAMBALAM.
For Petitioner :SRI.C.A.JOY
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :30/05/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 16145 OF 2008 V
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Dated this the 30th May, 2008
JUDGMENT
Petitioner calls in question Ext.P7. Ext.P7 is a penal bill
apparently authorising unauthorised connected load. Ext.P8 is a
regular bill. According to petitioner, Ext.P7 is issued without
following the mandatory provisions. There was no notice and
objections were not called for. He would also submit that
Section 126 of the Electricity Act, 2003 is inapplicable and this
case is not covered by that provision. He was not given an
opportunity to file objection and no notice was given, it is
stated. Heard the learned standing counsel appearing for the
respondent Electricity Board. He would submit that Ext.P7 can
be treated as a provisional bill and the petitioner can file his
objections to the same and that will be considered and a decision
taken in accordance with law.
2. The Writ Petition is disposed of as follows:
Ext.P7 shall be treated as a provisional bill under Section
WPC. 16145/08 V 2
126 of the Act. It will be open to the petitioner to file his
objections to Ext.P7 within a period of two weeks from the date
of receipt of a copy of this Judgment. A decision shall be taken
in the matter by the second respondent in accordance with law
after considering the objections of the petitioner, within a period
of one month from the date of filing of the objection, after
affording an opportunity of hearing to the petitioner also. In the
meantime, if the petitioner pays 1/3rd of the amount demanded
in Ext.P7, the electric connection in the name of the petitioner
shall not be disconnected, if it is not already disconnected. If it
is already disconnected, upon paying 1/3rd of the amount as
aforesaid, the connection shall be restored to the petitioner
forthwith. If it is already disconnected, petitioner will also pay
the reconnection charges along with 1/3d of the amount.
Sd/=
K. M. JOSEPH, JUDGE
kbk.
// True Copy//
PS to Judge