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High Court of KeralaWP(C)/3411/2015disposed of

P.K.Sayed Mohammed v. Kerala State Electricity Board

2015-02-03Honourable Mr.Justice V.Chitambaresh4 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. 3411 of 2015 (B) ------------------------------------ PETITIONER:

-------------------------- P.K.SAYED MOHAMMED, AGED 59 YEARS S/O KUNJALLU, PADIKKAMATTATHIL, MYLOOR PALLIARIMANGALAM PO, KOTHAMANGALAM 686 671 BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHUDHI BHAVAN THIRUVANANTHAPURAM - 695001

2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION KERALA STATE ELECTRICITY BOARD MOOVATTUPUZHA 686661

3. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL DUB DIVISION KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA 686661

4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD POTHANICADU, 686671 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. 3411 of 2015 (B) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE LETTER NO.BB4/PTCD/2014-15/CC/04 DATED 01.10.2014 OF THE RESPONDENT EXT.P2:

TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE BOARD MEMBER EXT.P3:

TRUE COPY OF THE BILL NO.082708 DATED 01.10.2014 EXT.P4:

TRUE COPY OF THE STATEMENT OF SHORT ASSESSMENT MG NO. 5/ESD MVPA/PTCD/09-10 DATED 23.12.2009 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 3411 OF 2015 ---------------------------------------- Dated this the 3rd day of February, 2015

JUDGMENT

Ext. P3 bill accompanied by Ext. P4 short assessment details are impugned in this writ petition. The remedy if any of the petitioner is to move the Consumer Grievances Redressal Forum under Section 130(8) of the Kerala Electricity Supply Code, 2014. A further appeal lies to the Electricity Ombudsman which also the petitioner can invoke if he so chooses.

2.

Any motion made by the petitioner within one month from today shall be dealt with by the Consumer Grievances Redressal Forum within two months therefrom. The electricity supply to the premises of the petitioner shall not be snapped in the meanwhile. This is however subject to the condition that the petitioner remits one fourth of the amount demanded before he moves the Consumer Grievances Redressal Forum within the time stipulated.

W.P.(C). NO. 3411 OF 2015 2 3.

The respondents are free to resort to coercive steps in case the petitioner omits to invoke his statutory remedy as indicated above. I decline jurisdiction under Article 226 of the Constitution of India since many factual disputes are raised in this writ petition.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE