R.Bahuleyan v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 6996 of 2015 (Y) --------------------------- PETITIONER:

------------------ R.BAHULEYAN, AGED 67 YEARS, S/O. RAGHAVAN, KAILAS, KOLLAM WEST VILLAGE, KOLLAM - 691 013.

BY ADV. SRI.ARUN BABU RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.

2.

ASSESSING OFFICER AND ASSISTANT ENGINEER ELECTRICAL SECTION, OLAIL, KOLLAM - 691 009.

3.

THE ASSISTANT EXECUTIVE ENGINEER APTS, KOLLAM - 691 009.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 6996/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

THE TRUE COPY OF THE MAHAZAR ALLEGEDLY PREPARED BY THE 3RD RESPONDENT DATED 31.01.2015.

EXHIBIT P2 :

THE TRUE COPY OF THE PROVISIONAL BILL DATED 31.01.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 :

THE TRUE COPY OF THE OJECTION DATED 05.02.2015 SUBMITTED BY THE PETITIONER.

EXHIBIT P4 :

THE TRUE COPY OF THE FINAL BILL DATED 27.02.2015. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 6996 OF 2015 ------------------------------------ Dated this the 5th day of March, 2015

JUDGMENT

Ext.P4 order of final assessment passed under Section 126 of the Electricity Supply Act, 2003 is very much appealable. An appeal lies under Section 127 of the said Act to the appellate authority named in Ext.P4 order itself. The appellate authority has been so constituted pursuant to the decision in Muhammad Haji Vs. Kerala State Electricity Board [2014(3) KLT 706]. 2.

All the legal and factual contentions can be gone into by the appellate authority in the statutory appeal. Any appeal filed within two weeks from today shall be dealt with by the appellate authority within three months therefrom. The electricity connection shall not be snapped if the petitioner files an appeal within the permitted time accompanied by the statutory deposit.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd