High Court of KeralaWP(C)/5223/2011disposed of

Deepa Deepu Thankan v. Kerala State Electricity Board And ORS

2015-06-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 5223 of 2011 (C) ------------------------------------- PETITIONER:

-------------------------- DEEPA DEEPU THANKAN, W/O. DEEPU THANKAN, THIRUVONAM, AKG ROAD EDAPPALLY-682024.

BY ADVS.SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH SMT.V.BEENA RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD, VYDHYUDHIBHAVANAM, PATTAM, 690 001, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.

2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE ERNAKULAM - 682 017

3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION THEVACKAL, ERNAKULAM - 682 035

4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, VELLAYAMBALAM, THIRUVANANTHAPURAM - 690 001 REPRESENTED BY ITS CHAIRMAN.

R1 TO R3 BY ADVS. SRI.T.R.RAJAN,SC,K.S.E.B.

SRI.S.SREEKUMAR SRI.P.P.THAJUDEEN, SC, K.S.E.B.

R4 BY ADV. SRI.S.SUJIN, SC, ELECTRICITY REGULATORY COMMISSION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5223 of 2011 (C) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE MAHAZAR DATED 21.1.2011 OF THE OFFICER OF THE RESPONDENT P2 :

COPY OF THE ELECTRICITY BILL DATED 28.1.2011 P3 :

COPY OF THE ORDER NO. B.O. (FB) NO. 1292/2002/(PLG. COM.4206/01) DATED 18.9.2002 P4 :

COPY OF THE ORDER NO. B.O(FM) NO. 368/2008 (DPC1/C-G1/182/2007 DATED 7.2.2008 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 5223 OF 2011 ---------------------------------------- Dated this the 2nd day of June, 2015

JUDGMENT

Ext. P2 provisional invoice served on the petitioner is impugned. It is open to the petitioner to file an objection thereto within a period of three weeks from today. Any such objection (if filed) shall be considered by the third respondent within a period of three weeks therefrom. The applicability of the dictum in Executive Engineer, Southern Electricity Supply Company of Orissa Limited (SOUTHCO) and Another v. Sri. Seetaram Rice Mill [(2012) 2 SCC 108] shall be adverted to in the exercise.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE