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Syamraj.B vs Assistant Engineer

High Court Of Kerala|24 October, 2014
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JUDGMENT / ORDER

The petitioner is the owner of a building which is a double storeyed building. The ground floor is made use for residential purpose, while the first floor is being used for commercial purpose by the tenant, where a manufacturing process is going on with reference to production of CFL lamps and paper plates, under the name and style of 'Hacs Manufactures'. 2. Admittedly, the connection provided is a 'domestic connection', with Consumer No.9540. There was a surprise inspection, leading to Ext.P3 Mahazar. Alleging unauthorised use of electricity, the petitioner has been served with Exts.P4 and P5 Provisional Assessment bills dated 17.10.2004, demanding a sum of Rs.1,87,200/-(Rupees one lakh eighty seven thousand two hundred only). The petitioner filed a W.P.(C) No.27847 of 2014 2 detailed objection vide Ext.P6. Without finalising the proceedings in accordance with law, the petitioner has been required to satisfy the alleged dues, lest the power supply should be cut off. This made the petitioner to approach this Court by filing this writ petition.
3. Heard the learned Standing Counsel appearing for the Board as well.
4. After hearing both the sides, this Court finds that the Provisional Assessment bills issued by respondent vide Exts.P4 and P5 have to be finalised, after considering the objection filed by the petitioner vide Ext.P6, passing final orders in accordance with law.
5. In the said circumstances, there will be direction to the 1st and 2nd respondents to consider Ext.P6 in response to Exts.P4 and P5, in accordance with law and pass appropriate orders, after affording an opportunity of hearing to the petitioner, at any rate, within one month from the date of W.P.(C) No.27847 of 2014 3 receipt of a copy of the judgment. If the petitioner is aggrieved in any manner, it is open for the petitioner to pursue the remedy under Section 127 of the Indian Electricity Act.
The writ petition is disposed of as above.
P.R.RAMACHANDRA MENON,
JUDGE
sj
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Title

Syamraj.B vs Assistant Engineer

Court

High Court Of Kerala

JudgmentDate
24 October, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • C Rajendran Sri
  • K R Ranjith