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High Court of KeralaWP(C)/4922/2015disposed of

Babu C.George v. Kerala State Electricity Board

2015-02-19Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936 WP(C).No. 4922 of 2015 (M) PETITIONER:

-------------------------- BABU C.GEORGE, MANAGING PARTNER, BCG GOLDEN ORCHID, 5TH FLOOR BCG ESTATES, N.H.BYEPASS, PALARIVATTOM BY ADVS.SRI.P.P.THAJUDEEN SMT.C.SEENA RESPONDENTS:

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

2. ASSISTANT ENGINEER, ELECTRICAL SECTION KERALA STATE ELECTRICITY BOARD LIMITED, KALOOR ERNAKULAM - 682 017.

3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, PALARIVATTOM ERNAKULAM - 682 025.

4. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD ELECTRICAL DIVISION, ERNAKULAM, PIN - 682 035.

5. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED ELECTRICAL CIRCLE, ERNAKULAM, PIN - 682 035.

BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4922 of 2015 (M) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- THE TRUE PHOTOCOPY OF THE POWER REQUIREMENT APPLICATION DATED 2.7.14 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT P2- THE TRUE PHOTOCOPY OF THE RECEIPT DATED 10/7/14 ISSUED BY THE 2ND RESPONDENT P3THE TRUE PHOTOCOPY OF THE ESTIMATE REPORT PREPARED BY THE 2ND RESPONDENT P4THE TRUE PHOTOCOPY OF THE PROVISIONAL INVOICE DATED 31.7.14 P4(a)- TRUE PHOTOCOPY OF THE PROVISIONAL BILL DATED 31.07.2014 P5THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 9.10.14 OF THIS HONOURABLE COURT IN WPC NO. 25513/14 P6THE TRUE PHOTOCOPY OF THE FINAL ORDER PASSED BY THE SECOND RESPONDENT DATED 8.1.15 P7THE TRUE PHOTOCOPY OF THE RECEIPT ISSUED AT THE TIME OF REMITTANCE OF RS. 5 LAKH P8THE TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.2279/2015 RESPONDENT(S)' EXHIBITS:-NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 4922 OF 2015 ---------------------------------------- Dated this the 19th day of February, 2015

JUDGMENT

There is no obligation at present to settle the demand made under Exts. P4, P4(a) or Ext P6 orders. This is because the same stands set aside in Ext. P8 judgment which however directed the petitioner to pay a sum of Rs. 5,00,000/-. It is now conceded that sum of Rs. 5,00,000/- has been deposited by the petitioner within the time stipulated. Therefore nothing stands in the way of Ext. P1 power requirement application being dealt with in accordance with law.

2.

The respondents are directed to consider Ext. P1 power requirement application put in by the petitioner without insisting on the payment demanded under Exts. P4, P4(a) or Ext P6 orders. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of.

V. CHITAMBARESH JUDGE