High Court of KeralaWP(C)/1119/2015disposed of

Balachandra Prabhu v. Assistant Engineer, Electrical Section

2015-01-13Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 1119 of 2015 (L) --------------------------- PETITIONER:

-------------- BALACHANDRA PRABHU, AGED 63 YEARS, S/O.LATE V.GUNAPRABHU, NOW RESIDING AT "SOUPARNIKA", VIII/1563-A, A.K.ROAD, MATTANCHERRY, KOCHI - 2 (MANAGING PARTNER, SREE GOSHREEPURAM FISH LANDING CENTRE, NEAR GOSHREEPURAM BRIDGE, KOCHI - 682 508) BY ADVS.SRI.DENIZEN KOMATH SRI.P.J.YESUDAS SMT.K.P.REMA DEVI RESPONDENT(S):

------------------ 1.

ASSISTANT ENGINEER, ELECTRICAL SECTION, VYPEEN, MALIPPURAM POST, KOCHI - 682 511.

ASSISTANT EXECUTIVE ENGINNER, ELECTRICAL SECTION, VYPEEN, MALIPPURAM POST, KOCHI - 682 511.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) NO.1119 OF 2015 PETITIONER'S EXTS:

EXT.P1 TRUE PHOTOCOPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT VIDE REFERENCE NUMBER BB/ESN/VPN/Inspn APTS/2014-15/95/18-12-2014 EXT.P1(A) TRUE PHOTOCOPY OF THE SITE MAHAZAR, PREPARED BY THE FIRST RESPONDENT.

EXT.P2 TRUE PHOTOCOPY OF THE PROVISIONAL ASSESSMENT INVOICE FOR UNAUTHORISED EXTENSION ALLEGED BY THE FIRST RESPONDENT.

EXT.P3 TRUE PHOTOCOPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 26.12.2014 AND RECEIVED BY THEM ON 30.12.2014.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.1119 of 2015 --------------------- Dated this the 13th day of January, 2015

J U D G M E N T

The petitioner not having filed Ext.P3 appeal within 7 days of receipt of Ext.P2 provisional assessment invoice is not without remedy. The provisional assessment invoice becomes final after 7 days by the terms of Ext.P1 notice. The petitioner is now free to challenge the final bill in terms of Section 127 of the Electricity Act.

The Writ Petition is disposed of without prejudice to the right of the petitioner as above. Sd/- V.CHITAMBARESH, Judge.

nj.