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High Court of KeralaWP(C)/8677/2009disposed of

C.Satheesh v. K.S.E.B.And Others

2015-01-20Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 8677 of 2009 (D) ---------------------------------------- PETITIONER:

-------------------- C.SATHEESH, AGED 32 YEARS, S/O.BALAKRISHNAN, SARIGA NETWORK, MOONAMPADI MALAPPURAM P.O.

BY ADVS.SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS:

---------------------------- 1.

THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN THIRUVANANTHAPURAM.

2.

THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICER, K.S.E.B., MANJERI MALAPPURAM.

3.

ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION OFFICE, MALAPPURAM.

R1 TO R3 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.T.R.RAJAN, SC, K.S.E.B.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, ALONG WITH WP(C) NO. 33936/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8677 of 2009 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE AGREEMENT NO. 25/2001-2002 DATED 02.02.2002 P2 :

COPY OF THE RECEIPT DATED 17.12.2005 ISSUED BY THE ELECTRICITY BOARD P3 :

COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER DATED 01.01.2007 P4 :

COPY OF THE LETTER DATED 16.02.2007 OF THE PETITIONER P5 :

COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE ASST. EXECUTIVE ENGINEER, KSEB, MALAPPURAM DATED 29.03.2008 P6 :

COPY OF THE LETTER DATED 18.04.2008 OF THE EXECUTIVE ENGINEER, MANJERI P7 :

COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 24.02.2009 P8 :

COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 07.03.2009 TO THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). Nos. 8677 of 2009 & 33936 of 2014 ---------------------------------------- Dated this the 20th day of January, 2015

JUDGMENT

The liability to pay pole rental as demanded by the respondents is pending consideration with the first respondent. The liability for the period from 01.04.2006 to 02.03.2010 is questioned in Ext. P8 representation in W.P.(C). No. 8677/2009. The liability for the period from 03.03.2010 till date is questioned in Ext. P12 representation in W.P.(C). No. 33936/2014.

2.

I direct the first respondent to dispose of Exts. P8 and P12 representations referred to above with notice to the petitioner. The petitioner shall produce copy of the writ petitions along with the judgment with the first respondent within two weeks. The first respondent shall pass final orders within a period of two months therefrom.

3.

Further coercive steps for realisation of the amount demanded shall be put on hold in the meanwhile. This is however subject to the condition that the petitioner deposits a

W.P.(C). Nos. 8677 of 2009 & 33936 of 2014 2 further sum of Rs. 1,00,000/- (Rupees One Lakh only) towards the dues with the first respondent within a period of one month.

The writ petitions are disposed of. No costs. V. CHITAMBARESH JUDGE