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High Court of KeralaWP(C)/12761/2015disposed of

Sajith.U v. Kerala State Electricity Board

2015-05-20Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937 WP(C).No. 12761 of 2015 (U) ---------------------------- PETITIONER(S)/PETITIONERS:

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1. SAJITH.U, AGED 43 YEARS S/O.BALAGOPAL, SAT VISION, VELAPPILLIL BUILDING, KOOTTUPATHA, LAKKIDI, PALAKKAD.

2. MOHAMMED AMEEN, AGED 45 YEARS S/O ABDUL RAZAQ, SKY VISION, VANIVILASINI CHUNANGAD.P.O, OTTAPALAM, PALAKKAD.

BY ADV. SMT.P.R.REENA RESPONDENT(S)/RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM, PIN-695001.

2. CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, K.S.E.B, KOZHIKODE PIN-695 001.

3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, K.S.E.B, SHORNUR PALAKKAD, PIN-679 121.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12761 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXT.P1 TRUE COPY OF THE AGREEMENT EXECUTED BY THE IST PETITIONER WITH THE ELECTRICITY BOARD DATED 22.1.14 EXT.P1(A)TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND PETITIONER WITH THE ELECTRICITY BOARD DATED 2.2.14 EXT.P2 TRUE COPY OF VERIFICATION REPORT AS REGARDS IST PETITIONER IS CONCERNED DATED 3.12.14 EXT.P2(A) TRUE COPY OF VERIFICATION REPORT AS REGARDS 2ND PETITIONER IS CONCERNED DATED 17.11.2014 EXT.P3 TRUE COPY OF RECEIPT ISSUED TO THE 1ST PETITIONER BY THE K.S.E.B.DATED 11.12.2014 EXT.P3(A) TRUE COPY OF RECEIPT ISUSED TO THE 2ND PETITIONER BY THE K.S.E.B EXT.P4 TRUE COPY OF NOTICE ISSUED BY 3RD RESPONDENT TO THE IST PETITIONER DATED 23.3.2005 EXT.P4(A) TRUE COPY OF NOTICE ISSUED BY 3RD RESPONDENT TO THE 2ND PETITIONER DATED 23.3.2015 EXT.P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS DATED 10.04.2015.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.12761 of 2015 --------------------- Dated this the 20th day of May, 2015

J U D G M E N T

Exts.P4 and P4(a) notices demanding pole rent have been challenged by the petitioners. Ext.P5 representation has been filed by the petitioners in this regard addressed to the respondents.

2. Clause 9 of Exts.P1 and P1(a) agreement provides for resolution of the dispute by the second respondent. I therefore direct the second respondent to consider Ext.P5 representation with notice to the petitioners within a period of one month.

3. The respondents point out that there has been an unauthorised drawing of TV cables along the electricity post by the petitioners.

Therefore coercive steps pursuant to Exts.P4 and P4(a) notices shall be put on hold on condition that the petitioners remit one-half of the amount demanded therein within two weeks.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.