High Court of KeralaWP(C)/2306/2015disposed of

Abdul Salam v. The Kerala State Electricity Board

2015-01-22Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 2306 of 2015 (K) ------------------------------------- PETITIONER:

-------------------------- ABDUL SALAM S/O KOCHUKUNJU, KODIYIL HOUSE, PALLISSERI P.O. SHASTHAMKOTTA KOLLAM.

BY ADV. SRI.V.JAYAPRADEEP RESPONDENTS:

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

1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM.

2. THE DY. CHIEF ENGINEER ELECTRICAL CIRCLE THIRUVANANTHAPURAM (URBAN) KERALA STATE ELECTRICITY BOARD NEDUMANGAD, THIRUVANANTHAPURAM - 695 010

3. ASST. ENGINEER ELECTRICAL SECTION, NEDUMANGAD KERALA STATE ELECTRICITY BOARD, NEDUMANGAD THIRUVANANTHAPURAM - 695 010 BY SRI.SAJEEVKUMAR K.GOPAL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2306 of 2015 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: THE COPY OF THE MAHAZAR DATED 06.06.2012 EXHIBIT P2: THE COPY OF THE ASSESSMENT ORDER DATED 7.6.2012. EXHIBIT P3: THE COPY OF THE REPRESENTATION DATED 14.6.2012 BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P4: THE COPY OF THE FINAL ASSESSMENT ORDER DATED 18.6.12 PASSED BY THE 3RD RESPONDENT.

EXHIBIT P5: THE COPY OF THE INTERIM ORDER IN I.A.NO.240/2012 IN CC 203/2012 DATED 30.6.2012.

EXHIBIT P6: THE COPY OF THE REPRESENTATION DATED 29.12.2014. EXHIBIT P7: THE COPY OF THE APPEAL, DATED 6.1.2015. EXHIBIT P8: THE COPY OF THE SAID NOTICE DATED NIL. EXHIBIT P9: COPY OF THE ORDER DATED 16.8.14 OF THE DISTRICT CONSUMER REDRESSAL FORUM, THIRUVANANTHAPURAM. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 2306 OF 2015 ---------------------------------------- Dated this the 22nd day of January, 2015

JUDGMENT

Ext. P9 order passed by the District Consumer Disputes Redressal Forum grants liberty to the petitioner to file an appeal against Ext. P4 final assessment order. It was also made clear in Ext. P9 order that the petitioner can avail the benefit of Section 14 of the Limitation Act for the time spent in prosecuting the litigation against Ext. P4 order. 2.

It is now conceded that appellate authority has been constituted in terms of the decision in Muhammed Haji v. Kerala State Electricity Board [2014(3) KLT 706]. An appeal therefore lies to the newly constituted appellate authority under Section 127 of the Electricity Act, 2003 against Ext. P4 order.

Any such appeal filed by the petitioner within three weeks from today shall be entertained by the appellate authority in terms of Section 127 of the Electricity Act. Such appeal accompanied by the statutory deposit shall be dealt with on merits as expeditiously as possible.

W.P.(C). NO. 2306 OF 2015 2 4.

The electricity supply shall be restored to the petitioner on his depositing one half of the amount demanded under Ext. P4 order. This is subject to the condition that the petitioner has not kept any other dues to the respondents. The writ petition is disposed of.

V. CHITAMBARESH JUDGE