High Court of KeralaWP(C)/14363/2015disposed of

Martin v. Kerala State Electricity Board

2015-05-25Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WP(C).No. 14363 of 2015 (U) ---------------------------- PETITIONER:

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1. MARTIN JOSEPH, AGED 39 YEARS, S/O.JOSEPH, WORLD COMMUNICATION, CHITHRA NAGAR, NEAR SREENIVASA KOVIL, TRIPUNITHURA, ERNAKULAM DISTRICT.

2. PRADEEP. P., AGED 38 YEARS, S/O.PRABHAKARAN, CITY STAR CABLE TV NETWORK SHIBU NIVAS, RAVINDRAN ROAD, KADAVANTHRA ERNAKULAM DISTRICT.

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

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1. KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM, PIN 695004

2. CHIEF ENGINEER, ELECTRICAL DIVISION OFFICE KERALA STATE ELECTRICITY BOARD, VYTTILA, ERNAKULAM PIN 682 020.

3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, THRIPUNITHURA, ERNAKULAM PIN 682301.

4. ASSISTANT ENGINNER ELECTRICA SECTION, KSEB, VYTTILA, ERNAKULAM, PIN 682 020.

5. ASSISTANT ENGINEER, ELELCTRICAL SECTION OFFICE, KSEB, THRIPUNITHURA, ERNAKULAM, PIN 682 301 R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14363 of 2015 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE JUDGMENT IN WPC.NO.3320/2015 DATED 03.02.2015 EXHIBIT P2 :

TRUE COPY OF THE BOARD ORDER DATED 31.12.2014 ISSUED BY THE ELECTRICITY BOARD EXHIBIT P3 :

TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DATED 20.04.2015 EXHIBIT P3(a) :

TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 22.04.2015 EXHIBIT P4 :

TRUE COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE RESPONDENTS 1 TO 3 DATED 02.05.2015 EXHIBIT P5 :

TRUE COPY OF THE REPRESENTATION FILED BY THE 2ND RESPONDENT BEFORE THE RESPONDENTS 1 TO 3 DATED 03.05.2015 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 14363 OF 2015 ------------------------------------ Dated this the 25th day of May, 2015

JUDGMENT

The pole rental demanded for drawing television cables is impugned. The second respondent Chief Engineer is the authority designated to resolve such dispute. 2.

The petitioner has already filed Exts. P4 and P5 representations with the second respondent and the same is pending. I direct the second respondent to consider Exts. P4 and P5 representations with notice to the petitioner within a period of two months.

The coercive steps pursuant to Exts.P3 and P3(a) notices shall be put on hold in the meanwhile. This is subject to the condition that the petitioner remits one half of the amount demanded thereunder within a period of one month. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd