High Court of KeralaWP(C)/108/2015disposed of

Abdul Khader T V v. The Sub Engineer Kseb

2015-01-073 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 108 of 2015 (k) -------------------------- PETITIONER:

------------------- ABDUL KHADER T.V., AGED 52 YEARS, S/O.VEERAN, THURUTHUMALY HOUSE, ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.

BY ADVS.SRI.C.A.NAVAS SRI.T.K.SASIKUMAR SRI.P.A.SHAJI SAMAD 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, THRISSUR DISTRICT.

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 SECRETATIAT, THIRUVANANTHAPURAM 695 001.

BY GOVERNMENT PLEADER SRI. T.R. RAJESH BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 108 of 2015 (k) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

PHOTOSTAT COPY OF THE ELECTRICITY BILL DATED 05.12.2014. EXHIBIT P2 :

PHOTOSTAT COPY OF THE MAHSAR DATED 10/11/2014. EXHIBIT P3 :

THE PHOTOCOPY OF THE NOTICE NO. NIL DATED NIL. EXHIBIT P4 :

THE PHOTOSTAT COPY OF THE BILL DATED 12/11/2014. EXHIBIT P5 :

THE PHOTOSTAT COPY OF THE OBJECTION DATED 18/11/2014. EXHIBIT P6 :

THE PHOTOSTAT COPY OF THE ORDER NO. DB 15/OBJECTION DISPOSAL/2014-15 DATED 09/12/2014.

EXHIBIT P7 :

THE PHOTOSTAT COPY OF THE ELECTRICITY BILL DATED 09/12/2014.

EXHIBIT P8 :

THE 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. 108 OF 2015 ------------------------------------ Dated this the 7th day of January, 2015

JUDGMENT

Ext.P7 penal assessment bill accompanied by Ext.P6 demand notice has been challenged in Ext.P8 appeal pending with the fourth respondent. The petitioner apprehends disconnection of electricity supply even before the statutory appeal is taken up for hearing.

I direct the fourth respondent to consider Ext.P8 appeal with notice to the petitioner within a period of three months. The coercive steps pursuant to Ext.P6 notice shall be put on hold on condition that one half of the amount demanded thereunder is remitted within one month.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd