P S Haris v. Kerala State Electricity Board Ltd

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. 14277 of 2015 (H) ---------------------------- PETITIONER:

------------------ P.S. HARIS, PROPRIETOR, M/S.J.J.PLYWOODS, PUTHIRI HOUSE, RAYONPURAM, PERUMBAVOOR.

BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA RESPONDENTS:

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

1. KERALA STATE ELECTRICITY BOARD LTD.

VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695 001.

2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542.

3. THE ASSISTANT EXECUTIVE ENGINEER, ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD LTD.

POWER HOUSE ROAD, ERNAKULAM - 682 031.

4. THE SUB ENGINEER, KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14277 of 2015 (H) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE MAHAZAR DATED 09.10.2014.

EXHIBIT P2 TRUE COPY OF THE MAHAZAR DATED 06.01.2015.

EXHIBIT P3 TRUE COPY OF THE DISCONNECTION NOTICE DATED 24.03.2015. EXHIBIT P4 TRUE COPY OF THE PROVISIONAL NOTICE DATED 24.03.2015. EXHIBIT P4(a)`TRUE COPY OF THE PROVISIONAL NOTICE DATED 24.03.2015. EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 27.03.2015.

EXHIBIT P6 TRUE COPY OF THE FINAL ORDER BEARING NO.DB/APTS/15-16/07 DATED 18.04.2015.

EXHIBIT P6(a) TRUE COPY OF THE FINAL PENAL INVOICE DATED 18.04.2015. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 14277 OF 2015 ------------------------------------ Dated this the 20th day of May, 2015

JUDGMENT

Ext.P6 final order accompanied by Ext.P6(a) bill are challenged. The same is issued under Section 126 of the Electricity Act, 2003. The petitioner has got an effective alternate remedy by way of appeal. An appeal lies to the constituted authority under Section 127 of the Electricity Act, 2003. 2.

Many factual disputes arise for consideration in this case. It will be inappropriate to entertain a writ petition therefore bypassing the statutory remedy available.

3.

Any appeal filed within two weeks from today shall be dealt with as per law within three months therefrom. The petitioner is free to apply for appropriate interim reliefs in the appeal if any filed.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd