High Court of KeralaWP(C)/3000/2011disposed of

K.E.Abdul Wahab v. Kseb

2015-05-21Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 3000 of 2011 (Y) PETITIONER:

-------------------------- K.E.ABDUL WAHAB, S/O.EBRAHIM,PROPRIETOR KAROTHUKUZHY PLASTIC INDUSTRIES, KAROTHUKUZHY HOUSE KUZHUVELIPPADY, EDATHALA P.O., ALUVA-683561 BY ADVS.SRI.M.M.SAIDU MUHAMMED SMT.REENA MATHEW (THEVALAKKATTU) RESPONDENTS:

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

1. THE KERALA STATE ELECTRICITY BOARD, VAYDUTHI BHAVAN, PATTOM (P.O), PIN-695004 THIRUVANANTHAPURAM, REP.BY ITS SECRETARY

2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE PERUMBAVOOR-683542

3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, THEVAKKAL PIN-682021

4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, VELLAYAMBALAM THIRUVANANTHAPURAM, REP.BY ITS CHAIRMAN, PIN-695001 R1 TO R3 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B SMT.P.K.RADHIKA-KSEB R4 BY ADVS. SRI.S.SUJIN, SC, ELECTRICITY REGULATORY COMMISSION SRI.S.SREEKUMAR, SC, KSERC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-05-2015, ALONG WITH W.P.(C). NO. 3170/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3000 of 2011 (Y) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF INSPECTION MAHAZAR DATED 8.5.2008 P2 :

COPY OF THE DISCONNECTION NOTICE DATED 8.5.2008 ISSUED PURSUANT TO THE INSPECTION P3 :

COPY OF THE PENAL BILL DATED 9.5.2008 ISSUED BY THE 3RD RESPONDENT P4 :

COPY OF THE DEMAND NOTICE ISSUED ALONG WITH THE PENAL BILL DATED 9.5.2008 P5 :

COPY OF JUDGMENT DATED 22.5.2008 IN W.P.(C). NO. 14645/2008 P6:

COPY OF OBJECTION DATED 30.05.2008 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT P7:

COPY OF HEARING NOTICE DATED 02.12.2010 RECEIVED BY THE PETITIONER P8:

COPY OF ORDER DATED NIL OF THE 3RD RESPONDENT PASSED PURSUANT TO THE HEARING HELD ON 14.12.2010 RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE

V.CHITAMBARESH,J.

------------------------------- W.P.(C) Nos. 3000 of 2011 & 3170 of 2011 Dated this the 21st day of May, 2015

J U D G M E N T

Ext. P8 order passed in terms of Section 126 of the Electricity Act, 2003 is impugned in these writ petitions. Ext. P8 order was passed after considering Ext. P6 objection filed to Ext. P3 bill. The writ petitions were entertained since no proper appellate authority was then constituted. 2.

An appellate authority in terms of Section 127 of the Electricity Act, 2003 has now been constituted. This is so by virtue of the decision in Mohammed Haji v. Kerala State Electricity Board [2014(3) KLT 706]. The petitioners are therefore at liberty to challenge Ext. P8 order in separate appeals before the appellate authority.

Any appeal filed within one month from today shall be dealt with by the appellate authority within three months therefrom. The petitioners have already deposited one half of the amount demanded pursuant to the interim order passed in these writ petitions. The same shall be treated as a statutory deposit in terms of Section 127 of the Electricity Act, 2003 for maintaining the appeals. The electricity supply to the

W.P.(C) Nos. 3000 of 2011 & 3170 of 2011 2 premises of the petitioners shall not be snapped pending appeals if the same are filed within the time frame stipulated. The writ petitions are disposed of.

V.CHITAMBARESH JUDGE