Travancore Builders Pvt. Ltd. v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 3722 of 2015 (M) ------------------------------------- PETITIONER:

-------------------------- M/S.TRAVANCORE BUILDERS PVT. LTD.

TRAVANCORE HOUSE, N.H.BYPASS, CHAKKARAPARAMBU COCHIN-682032, REPRESENTED BY ITS MANAGING DIRECTOR MR.ANAS A.M.

BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.MALLENATHAN.M.

SRI.ANEESH JAMES SRI.ANIL R.NATH RESPONDENTS:

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

1. THE KERALA STATE ELECTRICITY BOARD VIDYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN CODE-695001 REPRESENTED BY ITS CHAIRMAN.

2. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION ERNAKULAM, COCHIN-682018.

BY ADVS. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN, SC, K.S.E.BOARD BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3722 of 2015 (M) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: A TRUE COPY OF THE LETTER DATED 04.01.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P2: A TRUE COPY OF THE JUDGMENT DATED 26.09.2014 IN W.P.(C) NO.17110 OF 2014 OF THIS HON'BLE COURT.

EXHIBIT-P3: A TRUE COPY OF THE RECEIPT DATED 18.11.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P4: A TRUE COPY OF THE DEMAND DATED 17.01.2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT-R2(a):

A TRUE COPY OF THE ESTIMATE TO ENHANCE THE CAPACITY BY INSTALLING 1 NO. 66/11 KV 10MVA TRANSFORMER AND TO PROVIDE FOUR 11KV OUTLETS AT 66 KV SUBSTATION EXHIBIT-R2(b):

A TRUE COPY OF THE ORDER DATED 23.05.2011 IN PETITION NO. T.P. - 87/2011 OF THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, THRUVANANTHAPURAM EXHIBIT-R2(c):

A TRUE COPY OF THE ABSTRACT ESTIMATE FOR GIVING SOP TO M/S. TRAVANCORE BUILDERS /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 3722 OF 2015 ---------------------------------------- Dated this the 03rd day of March, 2015

JUDGMENT

Ext. P4 demand note is obviously not in tune with Clause 82 of the Kerala Electricity Supply Code, 2014. The details enumerated in Sub-clauses (i) to (iv) of Clause 82(3) are obviously absent.

2.

Ext. P4 demand note is hence quashed giving liberty to the respondents to issue a fresh demand note. The petitioner shall not be required to pay the sum of Rs. 10,000/- in addition in view of Clause 83 of the Kerala Electricity Supply Code, 2014. The respondents shall complete the exercise within a period of three weeks from today.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE