High Court of KeralaWP(C)/11184/2013disposed of

Travancore Builders Pvt. Ltd. v. Kerala State Electricity Board

2015-06-18Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 11184 of 2013 (W) -------------------------------------- PETITIONER:

-------------------------- M/S. TRAVANCORE BUILDERS PVT. LTD.

TRAVANCORE HOUSE, N.H. BYPASS, CHAKKARAPARAMBU COCHIN-682032 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MR.SHERIF MANGALATHU.

BY ADVS.SRI.M.S.NARAYANAN SRI.JIJO THOMAS SRI.ANESH PAUL RESPONDENTS:

----------------------------

1. THE KERALA STATE ELECTRICITY BOARD VIDYUTHI BHAVAN, THIRUVANANTHAPURAM, PIN CODE-695001 REPRESENTED BY ITS CHAIRMAN.

2. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION ERNAKULAM, COCHIN-682018.

3. THE ASSISTANT ENGINEER ELECTRICAL SECTION, PALARIVATTOM KERALA STATE ELECTRICITY BOARD, ERNAKULAM COCHIN-682018.

4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION KPFC BHAVAN, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM THIRUVANANTHAPURAM-695010 REPRESENTED BY ITS CHAIRMAN.

R1-R3 BY ADVS. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN, SC, K.S.E.BOARD SRI.JAICE JACOB,SC,K.S.E.BOARD BOARD R4 BY ADVS. SRI.S.SUJIN, SC, ELECTRICITY REGULATORY COMMISSION SRI.ANEESH JAMES,SC,KSEB REGULATORY COMMISSION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11184 of 2013 (W) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- A TRUE COPY OF RECEIPT NO. 395830 DATED 25-04-2012 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2- A TRUE COPY OF THE ORDER NO. EDE/DB/SOP45/12-13/D2080 DATED 11-01-2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3- A TRUE COPY OF THE ORDER DATED 16-11-2009 IN OP NO. 13 OF 2009 OF THE 4TH RESPONDENT.

EXHIBIT P4- A TRUE COPY OF THE ORDER DATED 19-11-2011 IN WPC NO. 30911 OF 2011 OF THE HON'BLE HIGH COURT OF KERALA.

RESPONDENT(S)' EXHIBITS:-NIL ---------------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). No. 11184 of 2013 ---------------------------------------- Dated this the 18th day of June, 2015

JUDGMENT

The petitioner points out that the demand evidenced by Ext. P2 order is not in consonance with Ext. P3 order of the Kerala State Electricity Regulatory Commission. The respondents contend that they intend to challenge Ext. P3 order appropriately. Ext. P3 order has to be followed unless and until it is reversed in challenge thereto.

It is clarified that any demand can only be in tune with Ext. P3 order unless the same is varied or annulled. Whether Ext. P3 order militates against the judgment in W.A. No. 900/2013 and other cases does not fall for consideration in this writ petition. 3.

The petitioner has an alternate remedy to challenge Ext. P2 order. The petitioner can approach the Consumer Grievances Redressal Forum under Regulation

W.P.(C). No. 11184 of 2013 2 130(8) of the Kerala Electricity Supply Code, 2014. Any motion in that regard within three weeks from today shall be dealt with expeditiously. The electricity connection if granted shall not be disconnected pending final orders by the Consumer Grievances Redressal Forum.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS