IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36196 of 2008(H)
1. SUDHIR GOPI, AGED 48 YEARS,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION,
3. ASSISTANT ENGINEER, ELECTRICAL SECTION,
For Petitioner :SRI.P.GOPAKUMARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/12/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 36196 of 2008
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Dated this the 10th day of December, 2008
J U D G M E N T
Heard both sides.
2. The grievance of the petitioner pertains to Exts.P4, P5 &
P6. While the petitioner contends that the amount demanded by
Exts.P4, P5 & P6 ought not have been demanded in view of Exts.P2
& P3 interim orders of this Court in WP(C) No.26822/2008, the
learned standing counsel for the Board contends that the demand
made in Exts.P4 to P6 is not related to the subject matter of the
writ petition referred to above.
2. This being a factual issue, it has to be resolved by an
Officer of the Board itself, and in my view, the 3rd respondent is the
most competent officer to determine this factual controversy. I,
therefore, direct that it will be open to the petitioner to file his
objections to Exts.P4 to P6 bills to the 3rd respondent within two
weeks from today, in which case, the 3rd respondent shall consider
the objections raised by the petitioner with notice to him and
decide the matter. It is directed that the consideration of the
objections shall be conditional on the petitioner paying the energy
W.P.(C) No.36196/2008
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charges that are demanded by Ext.P6. Needless to say that subject
to the condition as above, further proceedings for realizing the
balance amount due under Ext.P6 will be kept in abeyance and its
realisation will depend upon the decision to be taken by the 3rd
respondent on the objections to be filed by the petitioner against
Exts.P4 to P6.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg