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High Court of KeralaWP(C)/4477/2015disposed of

Bharath Charitable Hospital Society v. Kerala State Electricity Board

2015-02-12Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4477 of 2015 (H) --------------------------- PETITIONER:

------------------ BHARATH CHARITABLE HOSPITAL SOCIETY REPRESENTED BY ITS PRESIDENT, VINOD VISWANATHAN AZAD LANE, THIRUNAKKARA, KOTTAYAM - 686 001.

BY ADVS.SRI.B.ASHOK SHENOY SMT.C.G.PREETHA SRI.THOMAS P.MAKIL SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD LTD.

REPRESENTED BY ITS SECRETARY, REGISTERED OFFICE, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.

2. THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD LTD, VYDHYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM - 695 004.

3. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE, KOTTAYAM - 686 001.

4. THE ASSISTANT ENGINEER, MODEL ELECTRICAL SECTION, KOTTAYAM CENTRAL, KOTTAYAM - 686 001.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4477 of 2015 (H) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE BILL NO. 2102811282938 DT. 04.9.13 FOR RS. 5,90,317/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 - TRUE COPY OF THE BILL NO. 2102811287877 DT. 05.10.13 FOR RS. 3,65,000/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 - TRUE COPY OF THE BILL NO. 2102811292308 DT. 06.11.13 FOR RS. 5,41,773/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4 - TRUE COPY OF THE BILL NO. 2102811295492 DT. 04.10.13 FOR RS. 6,81,331/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P5 - TRUE COPY OF THE BILL NO. 2102811298953 DT. 03.1.14 FOR RS. 7,33,855/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6 - TRUE COPY OF THE BILL NO. 2102811303883 DT. 03.2.14 FOR RS.

4,44,794/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P7 - TRUE COPY OF THE BILL O. 2102811309798 DT. 04.3.14 FOR RS. 7,34,899/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P8 - TRUE OCPY OF THE BILL NO. 2102811326365 DT. 06.6.14 FOR RS. 3,70,683/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P9 - TRUE COPY OF THE BILL NO. 2102811326455 DT. 06.6.14 FOR RS. 4,93,374/- ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P10 - TRUE COPY OF LETTER NO. DB/27/14-15/AE-KTM C DT. 04.4.14 ISSUED BY THE 4TH RESPONDENT TO THR PETITIONER. EXHIBIT P11 - TRUE COPY OF THE TEST REPORT IN RESPECT OF METER NO. 14017350 INSTALLED AT THE PETITIONER'S PREMISES ON 23.4.14. EXHIBIT P12 - TRUE COPY OF LETTER NO. HTB-13/4221A DT. 22.1.

15 ISSUED BY 2ND RESPONDENT TO THE PETITIONER ALONG WITH REVISED BILL FOR THE PERIOD FROM AUGUST 2013 TO APRIL 2014 BILL NO. 2102811366260 DT. 22.1.15, BILL NO. 2102811366262 DT. 22.1.15, BILL NO. 2102811366264 DT. 22.1.15, BILL NO. 2102811366266 DT. 22.1.5, BILL NO. 2102811366271 DT. 22.1.15, BILL NO. 2102811366273 DT. 22.1.15 BILL NO. 2102811366275 DT. 221.1.15 BILL NO. 2102811366283 DT. 22.1.15, BILL NO. 2102811366279 DT. 22.1.15 ATTACHED HERETO.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 4477 OF 2015 ------------------------------------ Dated this the 12th day of February, 2015

JUDGMENT

Ext.P12 series bills issued alleging short assessment are impugned. The petitioner is free to prefer a complaint with regard to the accuracy of the bill. Such complaint shall be addressed to the second respondent Special Officer. The procedure is laid down in clause 130(1) of the Kerala Electricity Supply Code, 2014.

2.

Any complaint filed within two weeks from today shall be dealt with by the second respondent within two weeks therefrom. The order passed therein can be impugned before the Consumer Grievances Redressal Forum. This is explicit from Clause 130(8) of the Kerala Electricity Supply Code, 2014. The coercive steps pursuant to Ext.P12 series bills shall be put on hold for a period of one month.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd