High Court of KeralaWP(C)/12907/2015disposed of

Mohamed Jamal v. Kerala State Electricity Board

2015-05-22Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 -------------------------------------- PETITIONER:

-------------------------- MOHAMED JAMAL M.A. AGED 70 YEARS S/O.MOHAMED RAHEEM SAHIB, SECRETARY WAYANAD MUSLIM ORPHANAGE, MANAD P.O.MUTTIL, KALPETTA WAYANAD DIST - 673 122.

BY ADVS.SRI.K.A.MOHAMED HARIS SRI.V.R.REKESH RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD LIMITED VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.

2. THE ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB, MUTTIL KALPETTA, WAYANAD, PIN CODE - 673 122.

3. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KSEB, KALPETTA WAYANAD PIN CODE - 673 122.

4. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, KSEB, KALPETTA WAYANAD PIN CODE - 673 122.

5. THE CHIEF ENGINEER KSEB, VYDHYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004.

BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE SITE MAHAZAR PREPARED BY THE ASSISTANT ENGINEER, MUTTIL ELECTRICAL SECTION DATED 7.1.2015 EXT.P-2:

TRUE COPY OF THE PROVISIONAL ASSESSMENT LETTER ISSUED BY THE ASSISTANT ENGINEER, MUTTIL ELECTRICAL SECTION DATED 14.1.2015 EXT.P-2(a): TRUE COPY OF THE PROVISIONAL ASSESSMENT INVOICE DATED 14.1.2015 EXT.P-3:

TRUE COPY OF THE OBJECTIOIN DATED 28TH JANUARY 2015 FILED BEFORE THE ASSISTANT ENGINEER, ELECTRICAL SECTION, MUTTIL EXT.P-4:

TRUE COPY OF THE FINAL ORDER OF ASSESSMENT ISSUED BY THE ASSISTANT ENGINEER, E.S. MUTTIL DATED 25.3.2015 EXT.P-4(A): TRUE COPY OF THE FINAL ASSESSMENT INOVICE ISSUED BY THE ASSISTANT ENGINEER ELECTRICAL SECTION, MUTTIL. EXT.P-5:

TRUE COPY OF THE RELEVANT PAGES OF THE ELECTRICITY SUPPLY CODE 2014 EXT.P-6:

A TRUE COPY OF THE REGISTRATION CERTIFICATE EXT.P-7:

TRUE COPIES OF THE ELECTRICITY BILLS ISSUED TO THE PETITIONER IN VARIOUS CONSUMER NOS FROM THE KALPETTA ELECTIC SECTION IN 2007 EXT.P-7(a): TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF RS.4,12,270/- ISSUED BY KSEB, KALPETTA SECTION & THE PROCEEDINGS DATED 6.5.2008 EXT.P-8:

TRUE COPIES OF THE ELECTRICITY BILLS ISSUED TO THE PETITIONER IN CONSUMER NOS.8299 AND 8301 FROM THE MUTTIL ELECTRICAL SECTION.

EXT.P-9:

TRUE COPIES OF THE TAX INVOICE ISSUED BY BHARATI ELECTRICAL APPLIANCES SHOWING PURCHASE OF THE LAUNDRY EQUIPMENTS DATED 20.10.2014 EXT.P-9(a): TRUE COPIES OF THE DELIVERY NOTES DATED 28.12.2014

EXT.P-9(b): TRUE COPIES OF THE INSTALLATION AND TEST CERTIFICATE DATED 7.1.2015 EXT.P-10: TRUE COPY OF THE RELEVANT PAGES OF THE JUDGEMENT (TAKEN FROM THE WEBSITE) OF THIS HONOURABLE COURT IN N.K.SAJITH KUMAR VS. THE KERALA STATE ELECTRICITY BOARD IN WPC NO.28053 OF 2011 (DATED 17TH DAY OF OCTOBER, 2012) EXT.P-11: TRUE COPY OF THE RELEVANT PAGES OF THE JUDGEMENT (TAKEN FROM THE WEBSITE) OF THIS HONOURABLE COURT IN MARIA PALANA SOCIETY VS. KERALA STATE ELECTRICITY BOARD IN WA NO.1149 OF 2009 (DECIDED ON 3RD APRIL, 2013). RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V.CHITAMBARESH,J.

------------------------------- W.P.(C) No. 12907 of 2015 --------------------------------------- Dated this the 22nd day of May, 2015

J U D G M E N T

Ext. P4 order accompanied by Ext. P4(a) invoice are under challenge in this writ petition. The same are issued under Section 126 of the Electricity Act, 2003. The petitioner has already filed an appeal therefrom under Section 127 of the Electricity Act, 2003. The petitioner is free to seek appropriate interim orders in the appeal so filed.

The petitioner relies on Exts. P10 and P11 judgment in support of his cause. The said judgment can very well be relied on at the time of hearing the statutory appeal. Every endeavour shall be made to dispose of the statutory appeal (if properly filed) within a period of three months. The writ petition is disposed of.

V.CHITAMBARESH JUDGE