C.Vijayan v. The Kerala State Electricity Board

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. 11434 of 2015 (D) ------------------------------------- PETITIONER:

-------------------------- C.VIJAYAN CHENTHEERITHODIYIL HOUSE EDAYOOR NORTH VALANCHERY MALAPPURAM DISTRICT BY ADV. SRI.P.M.RAFIQ RESPONDENTS:

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

THE KERALA STATE ELECTRICITY BOARD VYDHYUDHIBHAVANAM, PATTAM THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY - 695 001 2.

THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL CIRCLE, MANJERI MALAPPURAM DISTRICT - 676 101 3.

THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, VALANCHERY MALAPPURAM DISTRICT - 676 552 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. 11434 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE SITE MAHASSAR DATED 12.02.2009 PREPARED BY THE SUB-ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICITY SECTION, VALANCHERY EXT.P2 TRUE COPY OF THE NOTICE ISSUED TO PETITIONER UNDER SECTION 126(62) OF THE ELECTRICITY ACT BY THE THIRD RESPONDENT EXT.P3 TRUE COPY OF THE PROVISIONAL BILL DATED 28.02.2009 ISSUED TO PETITIONER EXT.P4 TRUE COPY OF THE CALCULATION STATEMENT DATED 25.02.2009 SERVED ON THE PETITIONER BY THE 3RD RESPONDENT EXT.P5 TRUE COPY OF THE JUDGMENT IN APPEAL. NO. GBI/2014-15/2595 OF THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI, DATED 20.02.2015 EXT.P6 TRUE COPY OF THE NOTICE OF THIRD RESPONDENT ISSUED TO PETITIONER DATED 12.03.2015 EXT. P7 TRUE COPY OF THE REVISED ASSESSMENT BILL DATED 12.03.2015 ISSUED BY THE THIRD RESPONDENT TO PETITIONER EXT. P8 COPY OF THE NOTICE DATED 20.03.2015 ISSUED TO PETITOINER BY THE THIRD RESPONDENT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.11434 OF 2015 ---------------------------------------- Dated this the 7th day of April, 2015

JUDGMENT

The issue is covered by Muhammed Haji v. Kerala State Electricity Board [2014(3) KLT 706]. The second respondent has obviously no jurisdiction to pass Ext. P5 order. Ext. P5 order is quashed and the appeal petition dated 11.12.2013 put in by the petitioner is directed to be heard afresh.

2.

The second respondent shall transmit the appeal to the newly constituted appellate authority. The same shall be done within a period of one month from today. The appellate authority under Section 127 of the Electricity Act, 2003 shall thereafter deal with the appeal petition dated 11.12.2013. Every endeavour shall be made to pass final orders in the appeal petition within a period of three months from the date of receipt of records.

3.

The recovery proceedings pursuant to Ext. P8 notice shall be put on hold till orders are passed on the appeal petition anew as directed above.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE