Abdul Rasheed @ Dr. A.R. Babu v. Th Kerala Stat Electricity Board Limited
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 17246 of 2015 (E) ---------------------------- PETITIONER(S):
----------------- ABDUL RASHEED @ DR. A.R. BABU, AGED 37 YEARS MANAGING DIRECTOR HEERA CONSTRUCTION COMPANY PVT.LTD., M.P.APPAN ROAD VAZHUTHACAUD, THIRUVANANTHAPURAM REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AJMAL A.M. DEPUTY GENERAL MANAGER HEERA CONSTRUCTION COMPANY PVT.LTD., NATIONAL RESIDENCY BANK JUNCTION, EDAPPALLY, KOCHI-682 024.
BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S):
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1. THE KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN THIRUVANANTHAPURAM - 695 001.
2. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE KERALA STATE ELECTRICITY BOARD LIMITED ERNAKULAM - 682 018.
3. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LIMITED ELECTRICAL SECTION, THRIKKAKARA, ERNAKULAM 682 021.
4. THE SUB ENGINEER KERALA STATE ELECTRICITY BOARD LIMITED ELECTRICAL SECTION, THRIKKAKARA, ERNAKULAM 682 021.
5. STATE OF KERALA REPRESENTED BY ITS SECRETARY, POWER DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
R BY SR. GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKEN. R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17246 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 - TRUE COPY OF THE SITE MAHAZAR DATED 6.5.15 ISSUED BY THE FOURTH RESPONDENT.
P2 - TRUE COPY OF THE COVERING LETTER ISSUED BY THE 3RD RESPONDENT. P2(A) - TRUE COPY OF THE PROVISINAL BILL AND CALCULATION STATEMENT ISSUED BY THE 3RD RESPONDENT.
P3 - TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER DATED 12.05.2015 P4 - TRUE COPY OF THE ORDER DATED 25.05.2015 ISSUED BY THE 3RD RESPONDENT P5 - TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER. P5(A) - TRUE COPY OF THE STAY PETITION PREFERRED ALONG WITH THE APPEAL. P5(B) - TRUE COPY OF THE PETITION SEEKING TO EXEMPT THE PETITIONER FROM PAYING THE 50% OF THE FINE AMOUNT FILED ALONG WITH THE APPEAL.
RESPONDENT(S)' EXHIBITS : NIL.
----------------------------- //TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.17246 of 2015 --------------------- Dated this the 10th day of June, 2015
J U D G M E N T
The allegation is that the power allotted to the common area in the flat is extended to two commercial buildings and 55 apartments. Ext.P4 order of assessment accordingly passed under Section 126 of the Electricity Act, 2003 is appealed against.
2. Ext.P5 appeal filed under Section 127 of the Electricity Act, 2003 is accompanied by Ext.P5(a) petition for stay. The petitioner has also filed Ext.P5(b) petition seeking to exempt from making the statutory deposit under Section 127(2) of the Electricity Act, 2003.
3. The petitioner having challenged Ext.P4 order in Ext.P5 appeal cannot impugn the very same order in this Writ Petition. There is also no provision to exempt the petitioner from making the statutory deposit under Section 127(2) of the Electricity Act, 2003. Many disputed questions of fact arise for consideration while testing the correctness of Ext.P4 order. It will be inequitable to
W.P (C) No.17246 of 2015 entertain this writ petition when the petitioner has an effective alternate remedy by way of appeal.
The Writ Petition is dismissed.
Sd/- V.CHITAMBARESH, Judge.
nj.