IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18678 of 2008(W)
1. THE MANAGER,
... Petitioner
Vs
1. K.S.E.BOARD, REPRESENTED BY THE
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
3. THE ASST. EXECUTIVE ENGINEER,
4. THE ASST. ENGINEER, ELECTRICAL SECTION,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :16/07/2008
O R D E R
K. M. JOSEPH, J.
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W.P.C. NO. 18678 OF 2008 W
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Dated this the 16th July, 2008
JUDGMENT
The Writ Petition is filed seeking the following reliefs:
“i) Issue a writ in the nature of certiorari
calling for the records leading to Ext.P1 in so far as it
relates to the direction to reassess under LT VIIA for
a period of one year and Ext.P2 bill issued thereunder
and to quash the same.
ii) Issue a writ declaring that the direction
contained in Ext.P1 to reassess the petitioner under
LT VIIA is bad, without authority of law and without
considering the object of the use of the vehicles.
iii) Issue a writ declaring that the incidental use
of the equipments for the repair or maintenance of the
school vehicles and the consumption of electrical
energy thereunder will not make the consumption as
different from the consumption for which the same has
been provided by the Board.”
2. I heard the learned counsel for the petitioner and also
the learned standing counsel appearing for the respondent
Electricity Board. It is pointed out by the learned standing
WPC.18678/08 W 2
counsel that Ext.P2 can be treated as a provisional bill under
Section 126 of the Electricity Act, 2003 and it is open to the
petitioner to file objections to the same, and a decision can be
taken. In the light of the said submission, the Writ Petition is
disposed of as follows:
Petitioner is granted ten days’ time from today to file
objection before the fourth respondent and a decision will be
taken by the fourth respondent considering the objections in
accordance with law, after affording an opportunity of being
heard to the petitioner, within a period of one month from the
date of receipt of the objection. Till such time as a decision is
taken, there will be no disconnection.
K. M. JOSEPH, JUDGE
kbk.