IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13268 of 2010(G)
1. KANDUNNI.C.K.
... Petitioner
Vs
1. THE KERALA STATE ELECTRICITY BOARD
... Respondent
For Petitioner :SRI.K.MANOJ CHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/04/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 13268 of 2010
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Dated this the 16th day of April, 2010
J U D G M E N T
The petitioner is a consumer of electricity. On the basis of Ext.P1
mahazar prepared, on the ground that the petitioner has used electricity for
commercial purpose in the matter of manufacturing certain wooden articles,
the petitioner has been served with Exts.P2 and P3 notices demanding an
amount of Rs.73,451/-. The petitioner submits that Ext.P3 is only a
provisional assessment, against which, the petitioner has filed Ext.P4
objections. The petitioner seeks a direction to the 2nd respondent to consider
Ext.P4 objections and to stay coercive recovery of the amounts demanded by
Exts.P2 and P3 in the meanwhile.
2. I have heard the learned Standing Counsel appearing for the
Kerala State Electricity Board also.
3. In so far as Ext.P4 objections are pending against Exts.P2 and
P3, and as per the statute, a provisional invoice has to be issued, I am of
opinion that before taking coercive proceedings for recovery, an appealable
order on Ext.P4 objections has to be passed. In the above circumstances,
this writ petition is disposed of with a direction to the 2nd respondent to
consider Ext.P4 objections and pass orders thereon, after affording an
opportunity of being heard to the petitioner. Till orders are thus passed,
there shall not be any coercive proceedings for recovery of the amounts
demanded as per Exts.P2 and P3.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
2
