IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11588 of 2008(D)
1. M/S.AUTUMN TREES, MUNNAR, IDUKKI
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. ASSISTANT ENGINEER, APTS, VAZHAKULAM.
3. ASSISTANT ENGINEER, ELECTRICAL SECTION,
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :07/04/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C) No. 11588 OF 2008
and
I.A. No. 5042 of 2008
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Dated this the 7th day of April, 2008
JUDGMENT
I.A. Allowed. The Writ Petition is treated as amended.
2. Heard learned counsel for the petitioner and the Standing
Counsel for the KSEB.
3. Ext.P3 provisional invoice was issued on 27.03.08.
Petitioner filed Ext.P4 objections thereto, on 01.04.08. On
02.04.08, Ext.P5 final bill has been issued. I do not think it as a
hasty action to have considered and disposed of the objections on
that day itself or even the succeeding day. But, that could be, only
if reasons were stated, rejecting the objections. The issuance of
final bill, Ext.P5, is not accompanied by reasons for confirming the
tentative decision contained in the provisional invoice. Under such
circumstances, I am inclined to set aside Ext.P5. I do so.
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4. Having regard to the totality of the facts and
circumstances, it is directed that, if the petitioner deposits an
amount of Rs.21,600/-, within one week from today, there shall be
no disconnection on account of Ext.P3 provisional invoice. The
competent authority will hear the petitioner on Ext.P4 objections, if
necessary, conduct appropriate inspections and take a final
decision on the issue.
The petitioner has two specific conditions. One is that the
alleged additional load is not there. Secondly, he says that even if
there is an additional connected load, the penalty could not be at
the rate at which it is now fixed. These issues shall be specifically
considered, while dealing with the objections.
The Writ Petition is ordered accordingly.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
ttb
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