High Court of KeralaWP(C)/1165/2010disposed of

M/S.India Telecom Infra Ltd v. Kerala State Electricity Board

2015-01-16Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 1165 of 2010 (U) --------------------------- PETITIONER(S):

----------------- M/S.INDIA TELECOM INFRA LTD., NO.42/1237(1), 2ND FLOOR, V.S.ARCADE, POWER HOUSE ROAD, OPP.POWER HOUSE, KACHERIPPADY, COCHIN-682018, REPRESENTED BY ITS CIRCLE HEAD- BOBBY SEBASTIAN.

BY ADVS.SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENTS:

-----------------

1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT, VYDYUTHIBHAVANAM, THIRUVANANTHAPURAM.

2. THE CHIEF ENGINEER (COMMERCIAL & TARIFF) KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVANAM, THIRUVANANTHAPURAM.

3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, KSEB, THEVAKKAL ERNAKULAM DISTRICT.

R,R1 TO 3 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R1-R3 BY STANDING COUNSEL SRI.RAJU JOSEPH (SR.) R1-R3 BY ADV. SRI.K.T.PAULOSE, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.1165 OF 2010 PETITIONER(S) EXHIBITS EXHIBIT P1 :

PHOTOCOPY OF THE MAHAZAR DATED 12.10.2009 EXHIBIT P2 :

PHOTOCOPY OF THE BILL FOR AN AMOUNT OF RS.73,000/- ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3 :

PHOTOCOPY OF THE REPLY DATED 28.10.2009 FILED BEFORE THE THIRD RESPONDENT.

EXHIBIT P4 :

PHOTOCOPY OF THE CHEQUE DATED 30.10.2009 FOR AN AMOUNT OF RS.31,500/- EXHIBIT P5 :

PHOTOCOPY OF THE ARGUMENT NOTE DATED 27.11.2009 EXHIBIT P6 :

PHOTO COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT.

EXHIBIT P7 :

PHOTOCOPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT FOR THE PAYMENT OF REGULARISATION APPLICATION 2.12.2009 EXHIBIT P8 :

PHOTOCOPY OF THE BOARD ORDER NO.G.O. (FO) NO.46/2003 (PLG.COM.4206/01) DATED 15.1.2003.

EXHIBIT P9 :

PHOTO COPY OF THE TARIFF ORDER DATED 1.1.2006. EXHIBIT P10 :

PHOTO COPY OF THE CONNECTION DIAGRAM OF A STANDARD TOWER WITH FUNCTIONS ETC.

EXHIBIT P11 :

PHOTO COPY OF THE CIRCULAR DATED 8.7.2008.

EXHIBIT P12 :

PHOTO COPY OF THE DECISION REPORTED IN 2007(3) KLT 388.

EXHIBIT P13 :

PHOTO COPY OF THE NOTIFICATION DATED 24.10.2008 ISSUED BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION.

EXHIBIT P14 :

PHOTO COPY OF THE INTERIM ORDER DATED IN W.P. (C) NO.8060 OF 2009.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.1165 of 2010 --------------------- Dated this the 16th day of January, 2015

J U D G M E N T

There is evidently a mistake in the amount demanded under Ext.P2 bill. The amount has not been correctly computed in accordance with the schedule of tariff. I set aside Ext.P2 bill and remit the matter to the third respondent. The third respondent shall reconsider the issue after notice to the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.