High Court of KeralaWP(C)/4023/2011dismissed

M/S.Essar Telecom Infrastructure(P)Ltd. v. The K.S.E.Board & Others

2015-05-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 4023 of 2011 (C) ------------------------------------- PETITIONER:

-------------------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD.

36/2624, FIRST FLOOR, CHERAMANGALATHU HOUSE SHENOY ROAD, COCHIN-682017 REPRESENTED BY DEPUTY MANAGER (LEGAL) MR.BABU PATTATHANAM.

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

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

1. KERALA STATE ELECTRICITY BOARD, VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY - 695 001

2. THE DEPUTY CHIEF ENGINEER, K.S.E.BOARD, ELECTRICAL CIRCLE, KANNUR KANNUR DISTRICT - 670 001

3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KADACHIRA KANNUR DISTRICT - 670 001

4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN- 695 001 R1-R3 BY ADVS. SRI.RAJU JOSEPH (SR.) SRI.K.T.PAULOSE, SC, KSEB R1 TO R3 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.T.R.RAJAN,SC,K.S.E.B.

SMT.NAZEEBA.O.H., KERALA STATE ELECTRICITY BOARD R4 BY ADVS. SRI.S.SUJIN, SC, ELECTRICITY REGULATORY COMMISSION SRI.S.SREEKUMAR,SC, KSERC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, ALONG WITH WPC. 4024/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4023 of 2011 (C) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: PHOTOCOPY OF THE PERMISSION ORDER NO. B3/6492/2007/EIN DATED 23.1.2008 ISSUED TO THE PETITIONER EXHIBIT P2: PHOTOCOPY OF THE OWNERSHIP CERTIFICATE DATED 22.12.2007 ISSUED TO THE PETITIONER EXHIBIT P3: PHOTOCOPY OF THE MAHAZAR DATED 27.11.2010 EXHIBIT P4: PHOTOCOPY OF THE BILL DATED 27.11.2010 FOR A SUM OF RS. 97,314/- ISSUED TO THE PETITIONER EXHIBIT P5: PHOTOCOPY OF THE APPEAL DATED 2.12.2010 FILED BEFORE THE THIRD RESPONDENT EXHIBIT P6: PHOTOCOPY OF THE STATEMENT DATED 28.12.2010 GIVEN BY THE PETITIONER BEFORE THIRD RESPONDENT EXHIBIT P7: PHOTOCOPY OF THE ORDER DATED 22.1.2011 PASSED BY THE THIRD RESPONDENT EXHIBIT P8: PHOTOCOPY OF THE BOARD ORDER NO. B.O.(FB) NO. 46/2003 (PLG. COM. 4206/01 DATED 15.1.

2003 EXHIBIT P9: BOARD ORDER (FM) NO. 368/2008 (DPC1-GL/182/2007 DATED 7.2.2008 ISSUED BY THE 1ST RESPONDENT EXHIBIT P10: TRUE COPY OF THE JUDGMENT DATED 10.02.2006 IN O.P. NO. 26408/2000 BEFORE THE HON'BLE HIGH COURT OF KERALA EXHIBIT P11: TRUE COPY OF THE JUDGMENT IN R.P. NO. 974/2006 IN O.P. NO. 26408/2000 EXHIBIT P12: PHOTOCOPY OF THE INTERIM ORDER DATED 28.1.2011 IN W.P.(C). NO. 2993 OF 2011 ON THE FILE OF THIS HON'BLE COURT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). Nos. 4023 & 4024 OF 2011 ---------------------------------------- th day of May, 2015 Dated this the 28

JUDGMENT

The penalty can be on the basis of fixed charges as well as current charges. The issue is concluded by Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) and Another v. Sri. Seetaram Rice Mill [(2012) 2 SCC 108]. Ext. P7 order imposing penalty cannot therefore be faulted with.

The writ petitions are dismissed. No costs.

V. CHITAMBARESH JUDGE