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High Court of KeralaWP(C)/3433/2015disposed of

Asharani 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. 3433 of 2015 (D) --------------------------- PETITIONERS:

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1. ASHARANI, AGED 46 YEARS W/O.ANILKUMAR, SATLINKS, P.O.ROAD, SHORNUR, PALAKKAD.

2. ANIL KUMAR, AGED 53 YEARS, S/O.BALAN K.NAIR, DRISYA CABLE TV NETWORK RAMAKRISHNAPADI, LAKKIDI, PALAKKAD DISTRICT BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD LIMITED REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN THIRUVANANTHAPURAM, PIN-695 004

2. THE EXECUTIVE ENGINEER ELECTRICAL DIVISION OFFICE, KSEB, SHORNUR, PALAKKAD DISTRICT PIN 679 121

3. THE EXECUTIVE ENGINEER ELECTRICAL DIVISION OFFICE, ALATHUR, KSEB, PALAKKAD DISTRICT PIN 678 541

4. THE EXECUTIVE ENGINEER ELECTRICAL DIVISION OFFICE, KSEB PALAKKAD PALAKKAD DISTRICT PIN 678 014

5. CHIEF ENGINEER ELECTRICAL CIRCLE OFFICE, KSEB KOZHIKODE 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. 3433 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE AGREEMENT EXECUTED BY THE 1ST PETITIONER WITH THE ELECTRICITY BOARD DATED 08.01.2007 EXHIBIT P1(a) :

TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND PETITIONER WITH THE ELECTRICITY BOARD DATED 18.01.2007 EXHIBIT P2 :

TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY BOARD DATED 31.12.2014 EXHIBIT P3 :

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.01.2015 EXHIBIT P3(a) :

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.01.2015 EXHIBIT P4 :

TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY BOARD DATED 25.02.2012 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 3433 OF 2015 ------------------------------------ Dated this the 3rd day of February, 2015

JUDGMENT

The retrospective hike in pole rental is impugned by the petitioners. Clause 9 of Ext.P1 agreement provides for resolution of the dispute by the fifth respondent Chief Engineer. The petitioners have in this regard submitted Exts.P3 and P3(a) representations with the fifth respondent.

2.

I direct the concerned Chief Engineer to consider Exts.P3 and P3(a) representations with notice to the petitioners. 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 petitioners 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