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High Court of KeralaWP(C)/11260/2015disposed of

Binu Stephen v. Kerala State Electricity Board

2015-04-07Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 11260 of 2015 (F) ---------------------------- PETITIONER:

------------------ BINU STEPHEN, AGED 43 YEARS, S/O. STEPHEN, PROPRIETOR, MOON TV CABLE NETWORK, KADUTHURUTHY, VAIKOM, KOTTAYAM DISTRICT.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 004. 2.

CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, KSEB, THIRUVANANTHAPURAM PIN 695 004.

3.

EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, KSEB, VAIKOM, KOTTAYAM DISTRICT PIN 686 146.

4.

ASSISTANTS ENGINEER, ELECTRICAL SECTION OFFICE, KADUTHURUTHY, KOTTAYAM DISTRICT PIN 686 604.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 11260/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE APPLICATION DATED 24.09.2013 FILED BY JOJI C BABY.

EXHIBIT P2 :

TRUE COPY OF THE ROUTE MAP AND POLE DETAILS VERIFIED BY THE ASSITANT ENGINEER KADUTHURUTHY.

EXHIBIT P3 :

TRUE COPY OF THE APPLICATION DATED 06.02.2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE LETTER DATED 13.02.2015 OF THE ASSISTANT ENGINEER, ROUTE MAPS AND THE POLE DETAILS OF THE EXISTING LINES AND NEW POLES SOUGHT FOR BY THE PETITIONER FORWARDED BY THE ASSITANT ENGINEER TO THE EXECUTIVE ENGINEER EXHIBIT P5 :

TRUE COPY OF THE TABLE PREPARED BY THE EXECUTIVE ENGINEER DATED 09.03.2015.

EXHIBIT P6 :

TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY BOARD DATED 31.12.2014.

EXHIBIT P7 :

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 22.03.2015 TO THE 1ST RESPONDENT.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 11260 OF 2015 ------------------------------------ Dated this the 7th day of April, 2015

JUDGMENT

Ext.P1 application for regularisation of drawing of television cables is pending. A demand is now raised against the petitioner claiming pole rental charges and regularisation charges with retrospective effect. The petitioner has in this regard submitted Ext.P7 representation addressed to the first respondent.

2.

I permit the petitioner to submit a detailed representation to the second respondent within a period of three weeks from today. Any such representation shall be dealt with by the second respondent within a period of one month therefrom. The same shall be done with notice to the petitioner in the circumstances.

3.

The television cables drawn by the petitioner shall not be dismantled in the meanwhile. This is subject to the condition that the petitioner remits one half of the amount demanded under Ext.P5 notice within a period of three weeks. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd