High Court of KeralaWP(C)/15257/2006disposed of

Lissy Jose v. Kerala State Electricity Board

2015-06-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 15257 of 2006 (N) ---------------------------- PETITIONER:

------------------ LISSY JOSE, W/O.JOSE, AGED 46, CHIRAYATH HOUSE, THOTTUVA, CHERANALLOOR, PERUMBAVOOR, KUNNATHUNADU TALUK.

BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY.

2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KOOVAPPADY, PERUMBAVOOR.

3. THE DEPUTY CHIEF ENGINEER, APTS (HQ), KSEB, VIGILANCE WING, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-4.

R1TO3 BY ADV. SMT.P.K.RADHIKA-KSEB BY SRI.JOSE J.MATHEIKEL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 15257/2006 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF MAHAZAR PREPARED BY SUB ENGINEER, KOOVAPPADY ON 11.01.2005.

EXHIBIT P2 :

TRUE COPY OF LETTER ISSUED BY 2ND RESPONDENT TO THE PETITIONER ON 11.01.2005.

EXHIBIT P3 :

TRUE COPY OF LETTER NO. DB 75/04-05/191 DATED 12.01.2005 ISSUED BY 2ND RESPONDENT EXHIBIT P4 :

TRUE COPY OF INVOICE NO. 16987 DATED 12.01.2005 ISSUED TO THE PETITIONER BY THE RESPONDENTS EXHIBIT P5 :

TRUE COPY OF STATEMENT SHOWING THE CONSUMPTION OF ELECTRICITY BY THE PETITIONER FROM JANUARY 2004 TO DECEMBER AND APRIL 2004 TO FEBRUARY 2006.

EXHIBIT P6 :

TRUE COPY OF OBJECTION FILED BY THE PETITIONER TO EXHIBITS P2 AND P3 BEFORE THE 2ND RESPONDENT DATED 17.01.2005.

EXHIBIT P7 :

TRUE COPY OF JUDGMENT IN WP(C) 2887/2005 OF THIS HONOURABLE COURT DATED 27.01.2005.

EXHIBIT P8 :

TRUE COPY OF JUDGMENT IN WP(C) 15433/2005 DATED 24.05.2005.

EXHIBIT P9 :

TRUE COPY OF APPEAL PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P10 :

TRUE COPY OF ORDER PASSED BY 2ND RESPONDENT ON 25.04.2006 BEARING NO. APTS/BV/1248/05/EKM/301. EXHIBIT P11 :

TRUE COPY OF INVOICE NO. 15609 DATED 08.05.2006 ISSUED BY THE RESPONDENTS TO THE PETITIONER.

EXHIBIT P12 :

TRUE COPY OF DEMAND NOTICE NO. DB/75/04-05/KUPDY/9 DATED 08.05.2006.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 15257 OF 2006 ------------------------------------ Dated this the 9th day of June, 2015

JUDGMENT

The petitioner confines his relief to easy instalments to pay the amount demanded. I permit the petitioner to pay the amount due in four equal monthly instalments. The instalments shall be paid on or before the 10th of every month starting from 10.07.2015.

The respondent shall issue a revised bill to the petitioner within a period of two weeks. The coercive steps pursuant to Exts.P11 and P12 shall be put on hold if the petitioner complies with the conditions in time. The coercive steps shall surge ahead if the petitioner commits default in the payment of any one of the instalments.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd