High Court of KeralaWP(C)/2285/2015disposed of

Dr.Shaju A Antony v. The Secretary

2015-01-29Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2285 of 2015 (I) ------------------------------------ PETITIONER:

-------------------------- DR.SHAJU A. ANTONY, CHAIRMAN, MET SCHOOL OF ENGINEERING, KURUVILASSERY THRISSUR DISTRICT BY ADV. SRI.RAJIT RESPONDENTS:

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

1. THE SECRETARY KERALA STATE ELECTRICITY BOARD LTD.

VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 001

2. DEPUTY CHIEF ENGINEER, (APPELLATE AUTHORITY), KERALA STATE ELECTRICITY BOARD LTD, THRISSUR ELECTRICIAL CIRCLE, THRISSUR DISTRICT - 680 001

3. ASSISTANT ENGINEER, ELECTRICAL SECTION, MALA, THRISSUR DISTRICT - 686 301 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2285 of 2015 (I) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE SITE MAHAZAR PREPARED BY TEH APTS P2TRUE COPY OF THE BILL ISSUED BY THE 3RD RESPONDENT P3TRUE COPY OF THE ORDER DATED 21.6.2014 P4TRUE COPY OF THE FINAL BILL DATED 21.6.2014 FOR RS. 15,29,238 DATED 21.6.2014 P5TRUE COPY OF THE ORDER BEARING NO.G.B.1/211/A-32/APPEAL/CON NO. HTB-8/4578/MALA/14-15/2168/12/2014 DATED 6.12.2014 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 2285 OF 2015 ---------------------------------------- Dated this the 29th day of January, 2015

JUDGMENT

The second respondent who passed Ext. P5 appellate order (impugned in this writ petition) obviously lacks jurisdiction. Appellate Authority has been constituted anew after Muhammed Haji v. Kerala State Electricity Board [2014 (3) KLT 706]. The appeal filed by the petitioner shall be transmitted by the second respondent to the newly constituted appellate authority.

The newly constituted appellate authority shall dispose of the appeal within a period of four months. The electricity connection to the premises of the petitioner shall not be snapped pursuant to Ext. P5 order. This is ofcourse subject to the condition that the petitioner deposits a sum of Rs. 3,82,309/-. The amount shall be deposited within a period of one month from today failing which coercive steps can be initiated.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE