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High Court of KeralaWP(C)/6524/2015disposed of

Sankara Narayanan P S v. Kerala State Electricity Board Ltd

2015-03-02Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 6524 of 2015 (M) --------------------------- PETITIONER(S)/PETITIONERS:

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1. SANKARA NARAYANAN P.S, AGED 42 YEARS S/O.P.K.SANKARA NARAYANAN, STAR CABLE VISION KALPAKA BUILDING, VANIAMKULAM, PALAKKAD DISTRICT PIN-679522.

2. K.PRADEEP, CLEAR VISION CABLE T.V.NETWORK, KOTHAYUR.P.O VANIAMKULAM, PALAKKAD DISTRICT.

3. SOMAKUMAR.A.K, SPACE VISION CABLE NETWORK, MANISSERY, OTTAPPALAM PALAKKAD DISTRICT.

4. ANIL.O.P, DRUSYA CABLE VISION PANAMANNA, OTTAPPALAM PALAKKAD DISTRICT.

BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S)/RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN THIRUVANANTHAPURAM, PIN-695004.

2. CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD KOZHIKODE, PIN-673020.

3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD SHORANUR, PIN-679121.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P (C) NO.6524 OF 2015 PETITIONER'S EXTS:

EXT.P1 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE FIRST PETITIONER AND THE THIRD RESPONDENT ON 20.12.2011. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 9.2.2015 SUBMITTED BY THE FIRST PETITIONER.

EXT.P3 TRUE COPY OF THE LETTER DATED 9.2.2015 FORWARDED BY THE ASSISTANT ENGINEER TO THE THIRD RESPONDENT.

EXT.P4 TRUE COPY OF THE ORDER DATED 27.11.2014 TO THE FIRST PETITIONER DEMANDING PAYMENT OF EXORBITANT AMOUNT. EXT.P5 TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE THIRD RESPONDENT TO THE FIRST PETITIONER.

EXT.P6 TRUE COPY OF THE REQUEST SUBMITTED BY THE SECOND PETITIONER TO THE ASSISTANT ENGINEER, VANIAMKULAM ON 9.2.2015.

EXT.P7 TRUE COPY OF THE REPORT DATED 23.1.2015 SUBMITTED BY THE ASSISTANT ENGINEER TO THE THIRD RESPONDENT.

EXT.P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO THE SECOND PETITIONER ASKING TO PAY AN AMOUNT OF RS.27,007/- EXT.P9 TRUE COPY OF THE ORDER DATED 27.11.2014 ISSUED BY THE THIRD RESPONDENT TO THE SECOND PETITIONER.

EXT.P10 TRUE COPY OF THE REQUEST MADE BY THE THIRD PETITIONER ON 9.2.2015.

EXT.P11 TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT ENGINEER TO THE THIRD RESPONDENT DATED 9.2.2015. EXT.P12 TRUE COPY OF THE ORDER DATED 27.11.2014 ISSUED BY THE THIRD RESPONDENT TO THE THIRD PETITIONER.

EXT.P13 TRUE COPY OF THE ASSESSMENT ORDER ISSUED BY THE THIRD RESPONDENT TO THE THIRD PETITIONER.

EXT.P14 TRUE COPY OF THE REQUEST SUBMITTED BY THE 4TH PETITIONER TO THE ASSISTANT ENGINEER ON 28.12.2010.

EXT.P15 TRUE COPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT TO THE 4TH PETITIONER.

EXT.P16 TRUE COPY OF THE RECEIPT DATED 30.12.2010 IN RESPECT OF PAYMENT OF RS.4,145/- EXT.P17 TRUE COPY OF THE ORDER DATED 27.11.2014 ISSUED BY THE THIRD RESPONDENT TO THE FOURTH PETITIONER.

W.P (C) NO.6524/2015 : 2 :

EXT.P18 TRUE COPY OF THE AWARD PASSED IN THE LOK ADALATH ON 8.8.2014.

EXT.P19 TRUE COPY OF THE APPLICATION MADE BY SRI.K.SURESH. //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.6524 of 2015 --------------------- Dated this the 2nd day of March, 2015

J U D G M E N T

The dispute as regards enhancement of pole rent and the demand of pole rent for the additional electric post requires to be resolved. The same has to be dealt with by the second respondent in terms of the agreements entered into . Exts.P2, P6, P10 and P14 are the representations put in by the petitioners in this regard.

2. I direct the Assistant Executive Engineer, Shornur to make over the representations to the second respondent. The second respondent shall deal with the same after notice to the petitioners. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment. The coercive steps as against the petitioners shall be put on hold in the mean while. This is subject to the condition that the petitioners remit the pre-revised pole rental arrears.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

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