High Court of KeralaWP(C)/7158/2008disposed of

Lakeshore Hospital & Research Centre Ltd v. The Kseb.

2015-07-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 7158 of 2008 (B) --------------------------- PETITIONER:

------------------ LAKESHORE HOSPITAL & RESEARCH CENTRE LTD., MARADU, NETTOOR P.O., ERNAKULAM REPRESENTED BY ITS FINANCE MANAGER & COMPANY SECRETARY, P.SURESH KUMAR.

BY ADV. SRI.P.DEEPAK RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, `VYDYUTHI BHAVAN', THIRUVANANTHAPURAM.

2. DEPUTY CHIEF ENGINEER, ELECTRICITY CIRCLE, POWER HOUSE ROAD, KOCHI-18.

3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, MARADU.

R1 TO R3 BY ADV. SMT.NAZEEBA.O.H., KSEB R BY SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 7158/2008 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE HT AGREEMENT DATED 24.04.2003. EXHIBIT P2 :

TRUE COPY OF THE COMMUNICATION DATED 24.01.2008 OF THE 2ND RESPONDENT.

EXHIBIT P3 :

TRUE COPY OF THE JUDGMENT DATED 26.05.2005 IN WPC NO. 15770 OF 2005.

EXHIBIT P4 :

TRUE COPY OF THE ORDER OF THE DEPUTY CHIEF ENGINEER, APTS, THIRUVANANTHAPURAM DATED 06.06.2006.

EXHIBIT P5 :

A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 12.08.2003.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 7158 OF 2008 ------------------------------------ Dated this the 6th day of July, 2015

JUDGMENT

The issue pertains to the refund of the service connection charges collected from the petitioner as a high tension consumer. The petitioner relies on the judgment dated 03.07.2013 in Appeal No. 128/2012 of the Appellate Tribunal for Electricity. The petitioner has paid the amount under protest pending disposal of the writ petition.

I direct the second respondent to take necessary steps in this regard in the light of the concluded judgments on the issue. The needful shall be done within a period of one month from the date of production of a copy of this judgment. The amount if found refundable shall be disbursed with applicable interest in terms of the judgment of the appellate tribunal. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd