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High Court of KeralaWP(C)/57/2015disposed of

Aliyar T.V. v. The Sub Engineer, Kseb

2015-01-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 57 of 2015 (F) ------------------------- PETITIONER:

------------------- ALIYAR T.V., AGED 49 YEARS, S/O.VEERAN, THELAMPURAM HOUSE, ALLAPRA P.O., ORNA, ERNAKULAM DISTRICT.

BY ADVS.SRI.C.A.NAVAS SRI.P.A.SHAJI SAMAD SRI.T.K.SASIKUMAR SRI.C.J.SOLOMAN SMT.E.G.AMBILY RESPONDENTS:

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

1. SUB ENGINEER, KSEB VENGOLA, ELECTRICAL SECTION, ERNAKULAM DISTRICT PIN 683 554

2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB VENGOLA, ERNAKULAM DISTRICT PIN 683 554.

3. ASSISTANT EXECUTIVE ENGINEER, APTS, MALAPPURAM DISTRICT. 675 011.

4. THE CHIEF ELECTRICAL INSPECTOR (RETIRED), RESIDING AT 21/1443(B1), KALATHIPARAMBIL, SAGEEV ROAD, PALLURUTHI, KOCHI-682 006.

5. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, ELECTRICITY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 57 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 - PHOTOSTAT COPY OF THE ELECTRICITY BILL DATED 05-06-2014 FOR THE MONTH OF NOVEMBER 2014 EXT.P2 - PHOTOSTAT COPY OF THE MAHSAR DATED 12-11-2014 EXT.P3 - THE PHOTOCOPY OF THE NOTICE NO. AO.43/4/A DATED NIL EXT.P4 - THE PHOTOSTAT COPY OF THE BILL DATED 13-11-2014 EXT.P5 - THE PHOTOSTAT COPY OF THE OBJECTION DATED 18-11-2014 EXT.P6 - THE PHOTOSTAT COPY OF THE ORDER NO.DB 15/OBJECTION DISPOSAL/2014-15 DATED 09-12-2014 EXT.P7 - THE PHOTOSTAT COPY OF THE ELECTRICITY BILL DATED 09-12-2014 EXT.P8 - TRUE PHOTOSTAT COPY OF THE STATUTORY APPEAL DATED 01-01-2015 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 57 OF 2015 ------------------------------------ Dated this the 6th day of January, 2015

JUDGMENT

Ext.P6 order accompanied by Ext.P7 penal assessment bill has been challenged by the petitioner in Ext.P8 appeal. The petitioner apprehends disconnection of electricity even before the statutory appeal is taken up.

2.

I direct the fourth respondent to consider Ext.P8 appeal with notice to the petitioner. The needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

3.

The coercive steps including the disconnection of electricity supply line shall not be resorted to by the respondents in the meanwhile. This is however subject to the condition that the petitioner deposits one half of the amount demanded under Ext.P7 bill within a period of one month.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd