High Court of KeralaWP(C)/15742/2015disposed of

Adak Rep. By Its Executive Director v. The Assistant Engineer, Kseb

2015-05-28Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 15742 of 2015 (P) ---------------------------- PETITIONER(S):

----------------- AGENCY FOR DEVELOPMENT OF AQUACULTURE, KERALA(ADAK), TC NO.15/1494, REEJA, MINCHIN ROAD THYCAUD P.O., THIRUVANANTHAPURAM-695 014 REPRESENTED BY ITS EXECUTIVE DIRECTOR.

BY ADVS.SRI.S.SUDHISH KUMAR SRI.K.B.DAYAL RESPONDENT(S):

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

1. THE ASSISTANT ENGINEER, ELECTRICAL SECTION KERALA STATE ELECTRICITY BOARD LTD., VARKKALA THIRUVANANTHAPURAM-695 141.

2. THE EXECUTIVE ENGINEER ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD ATTINGAL, THIRUVANANTHAPURAM-695 004.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15742 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 : COPY OF THE MAHAZAR PREPARED BY THE ELECTRICITY ANTI-THEFT SQUAD, DTD.9.9.2014.

P2 : COPY OF THE NOTICE DTD.9.9.2014 ISSUED BY THE 1ST RESPONDENT. P3 : COPY OF THE NOTICE ISSUED TO THE PETITIONER ON 11.9.2014. P4 : COPY OF THE ELECTRICITY BILL DTD.10.9.2014. P5 : COPY OF THE ASSESSMENT ORDER DTD.10.9.2014 ISSUED BY THE FIRST RESPONDENT.

P6 : COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DTD.29.9.2014. P7 : COPY OF THE LETTER ISSUED BY THE CONTRACTOR DTD.11.9.2014. RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.15742 of 2015 --------------------- Dated this the 28th day of May, 2015

J U D G M E N T

Ext.P2 provisional assessment notice followed by Ext.P4 invoice are under challenge. Ext.P3 letter is an offer for compounding the offence of theft. The petitioner has not hitherto filed any objection to the provisional assessment notice or bill.

2. It is open to the petitioner to file an objection within two weeks from today. Any such objection shall be considered by the first respondent within two weeks therefrom. Final orders of assessment and final invoice shall thereafter follow. Needless to say that the petitioner shall also be given an opportunity of being heard.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.