← Library
High Court of KeralaWP(C)/10405/2015disposed of

R.V.Mohamed Ayoob v. Kerala State Electricity Board

2015-03-31Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10405 of 2015 (A) ---------------------------- PETITIONER(S):

---------------- R.V.MOHAMED AYOOB, AGED 56 YEARS S/O.EASAKUTTY HAJI RESIDING AT RAYAM MARAKKA VEETTIL HOUSE P.O. PAVARATTY THRISSUR.

BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU RESPONDENT(S):

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

KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, THIRUVANANTHAPURAM - 695 004.

2.

THE ASSISTANT ENGINEER ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD P.O.PAVARATTY, THRISSUR - 680 507.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.10405 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTICE DATED 21.6.2010 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 :

TRUE COPY OF THE PROVISIONAL BILL DATED 21.6.2010 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P3 :

TRUE COPY OF THE MAHAZAR DATED 1.6.2010 PREPARED BY THE ANTI POWER THEFT SQUAD.

EXHIBIT P3(a) :

TRUE COPY OF THE READABLE COPY OF EXT.P3 EXHIBIT P4 :

TRUE COPY OF THE NOTICE DATED 21.6.2010 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P5 :

TRUE COPY OF THE NOTICE DATED 21.6.2010 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P6 :

TRUE COPY OF THE RECEIPT BEARING NO.182049 DATED 22.6.2010 FOR RS.68,000/- EXHIBIT P7 :

TRUE COPY OF THE RECEIPT BEARING NO.182048 DATED 22.6.2010 FOR RS.1290 EXHIBIT P8 :

TRUE COPY OF THE RECEIPT BEARING NO.182047 DATED 22.6.2010 FOR RS.100 EXHIBIT P9 :

TRUE COPY OF THE RECEIPT BEARING NO.182046 DATED 22.6.2010 FOR RS.1,52,370 EXHIBIT P10 :

TRUE COY OF THE BILL FOR RS.14, 499 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 2.7.2010. EXHIBIT P11 :

TRUE COPY OF THE COMPLAINT DATED 1.9.2010 IN C.C.459/2010 FILED BY THE PETITIONER BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR.

EXHIBIT P12 :

TRUE COPY OF THE BILL FOR RS.19875 DATED 1.9.2010 EXHIBIT P13 :

TRUE COPY OF THE NOTICE DATED 27.9.2010 ISSUED BY THE PETITIONER'S COUNSEL.

EXHIBIT P14 :

TRUE COPY OF THE POSTAL ACKNOWLEDGING EVIDENCING RECEIPT OF EXHIBIT P13 BY THE SECOND RESPONDENT. EXHIBIT P15 :

TRUE COPY OF THE WRITTEN VERSION SUBMITTED BY THE RESPONDENTS IN C.C.459/2010 EXHIBIT P16 :

TRUE COPY OF THE ORDER DATED 26.8.2014 IN C.C.459/2010 ON THE FILE OF THE CONSUMER DISPUTES REDRESSAL FORUM, THRISUSR.

WP(C)10405/2015 : 2 :

EXHIBIT P17 :

TRUE COPY OF THE BILL DATED 1.9.2010 ISSUED ON 6.3.2015. EXHIBIT P18 :

TRUE COPY OF THE BILL DATED 18.3.2015 FOR RS.3120 EXHIBIT P19 :

TRUE COPY OF THE LETTER DATED 6.3.2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.10405 of 2015 --------------------- Dated this the 31st day of March, 2015

J U D G M E N T

Exts.P17 and P18 appeals are in continuation of Ext.P2 provisional bill. It is stated that the petitioner has already paid the amount demanded under Ext.P2 bill. Ext.P18 bill contains an endorsement that the corrected bill can be collected from PVTY office.

2. The petitioner can challenge Ext.P17 bill and Ext.P18 bill (as corrected) in Appeal under Section 127 of the Electricity Act. The challenge to Ext.P2 bill can also be included in the appeal from Exts.P17 and P18 bills. The petitioner need to comply with the statutory deposit as regards Exts.P17 and P18 (as corrected) bills. Any appeal filed within one month from today shall be dealt with within two months thereafter.

3. The petitioner is free to apply for interim reliefs in the appeal. The electricity connection shall not be dismantled pending interlocutory orders.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.