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High Court of KeralaWP(C)/3343/2015disposed of

Abdul Rahim.P.K v. Kerala State Electricity Board Limited

2015-02-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3343 of 2015 (P) --------------------------- PETITIONER:

------------------- ABDUL RAHIM.P.K., AGED 40 YEARS, S/O.KUNJI MOIDU, CLASSIC CABLE NETWORK, PAINKULAM P O, CHERUTHURUTHY, THRISSUR.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD LIMITED REP BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAUPRAM, PIN-695004

2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, K S E B , WADAKKANCHERRY, THRISSUR DISTRICT PIN-680 582.

3. CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, K S E B, ERNAKULAM PIN-682 031 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3343 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :- TRUE COPY OF THE AGREEMENT EXEUCTED BY THE PETITIONER WITH THE ELCTRICITY BOARD DTD 2/4/2012 EXHIBIT P2 :- TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY BOARD DTD 31/12/2014 EXHIBIT P3 :- TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD 20/1/2015 EXHIBIT P4 :- TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY BOARD DTD 25/2/2012 RESPONDENT(S)' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 3343 OF 2015 ------------------------------------ Dated this the 3rd day of February, 2015

JUDGMENT

The retrospective hike in pole rental is impugned by the petitioner. Clause 9 of Ext.P1 agreement provides for resolution of the dispute by the third respondent Chief Engineer. The petitioner has in this regard submitted Ext.P3 representation with the third respondent.

2.

I direct the concerned Chief Engineer to consider Ext.P3 representation with notice to the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

3.

The coercive steps as against the petitioner shall be put on hold in the meanwhile. This is however subject to the condition that the arrears on the basis of pre-revised rate are cleared.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd