High Court of KeralaWP(C)/7256/2015disposed of

Ashique M.M. v. Kerala State Electricity Board

2015-03-063 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(C).No. 7256 of 2015 (F) ----------------------------------- PETITIONER:

-------------------- ASHIQUE M.M, AGED 47 S/O. MUHAMMED BAVA KHAN MOIDEENPARAMBIL ERATTUPETTA VILLAGE AND P.O.

KOTTAYAM DISTRICT.

BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM TRIVANDRUM - 695 004 2.

SUPERINTENDING ENGINEER ELECTRICAL SECTION, ERATTUPETTA PO.

KOTTAYAM - 686 110 3.

ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ERATTUPETTA - 686 110 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7256 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE SITE MAHAZAR AND BILL DATED 08.01.2015 P2 :

COPY OF THE PETITION FILED BY THE PETITIONER CHALLENGING EXHIBIT P1 DATED 15.1.2015 P3 :

COPY OF THE FINAL ORDER ISSUED BY THE THIRD RESPONDENT DATED 07.02.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 7256 OF 2015 ---------------------------------------- Dated this the 6th day of March, 2015

JUDGMENT

Ext. P3 final order of assessment is appealable under Section 127 of the Electricity Act, 2003. An appeal lies to the authority constituted pursuant to the decision in Mohammed Haji v. Kerala State Electricity Board [2014(3) KLT 706]. Any appeal filed within two weeks from today shall be dealt with by the appellate authority within three months therefrom. 2.

The appeal has to be accompanied by the statutory deposit to the tune of one half of the assessed amount. The electricity connection shall not be snapped for a period of two weeks to enable the petitioner to file the appeal with the deposit. This is however subject to the condition that the petitioner dismantles the unauthorised connection. The electricity connection shall not be snapped pending appeal if the same is preferred within two weeks as directed above. The writ petition is disposed of.

V. CHITAMBARESH JUDGE