IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25135 of 2008(P)
1. K.J.THOMASKUTTY, PROPRIETOR,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. EXECUTIVE ENGINEER, PATHANAMTHITTA
3. ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :20/08/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.25135 of 2008
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Dated this the 20th day of August, 2008
JUDGMENT
Petitioner challenges Ext.P10. Ext.P10 is a provisional bill
issued apparently under Section 126 of the Indian Telegraph Act. Against
Ext.P10, Standing Counsel points out that the petitioner can file objection.
Learned counsel for the petitioner points out that the Board cannot impose
penalty on daily basis as per the dictum laid down by this court in the
decision reported in J.D.T. Islam Orphanage Committee v. Assistant
Engineer, K.S.E.B. (2007(3) K.L.T. 388). It is pointed out by the learned
Standing Counsel that the matter is pending in appeal. Since Ext.P10 is a
provisional bill, it is open to the petitioner to raise his objection before the
Assistant Engineer.
2. Assistant Engineer, Vadasserikkara is suo motu impleaded
as additional fourth respondent. Standing Counsel appears for the
additional fourth respondent.
The writ petition is disposed of as follows:
Ten days time is granted to the petitioner to file objection to
Ext.P10 before the additional fourth respondent. The additional fourth
respondent will consider and take a decision on the objection in accordance
WPC.25135/2008. 2
with law after affording an opportunity of hearing to the petitioner within
one month from the date of filing of the objection. Till such time as a
decision is taken, there will be no disconnection.
(K.M. JOSEPH, JUDGE)
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