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High Court of KeralaWP(C)/19835/2015disposed of

M.T. Jolly v. Kerala State Electricity Board

2015-07-02Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 19835 of 2015 (D) ---------------------------------------- PETITIONER:

-------------------- M.T. JOLLY, AGED 87 YEARS S/O. LATE M.V. THOMAS MANAYATHARA HOUSE THUTHIYOOR ROAD KAKKANAD, KOCHI - 37 BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS:

---------------------------- 1.

THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDHUTI BHAVAN PATTOM, THIRUVANANTHAPURAM - 695 001 2.

THE EXECUTIVE ENGINEER ELECTRICAL SECTION, THRIKKAKARA ERNAKULAM - 682 028 3.

THE ASSISTANT ENGINEER ELECTRICAL SECTION THRIKKAKARA ERNAKULAM - 682 028 4.

THE KERALA STATE APPELLATE AUTHORITY (CONSTITUTED UNDER SECTION 127 OF ELECTRICITY ACT 2003) CC 51/52, NEAR 110 KV SUB STATION VYTTILA, KOCHI - 682 019 BY SRI. JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19835 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE PROVISIONAL ASSESSMENT INVOICE ALONG WITH PENAL BILL P2 :

COPY OF JUDGMENT DATED 01.02.2013 IN W.P.(C). NO. 399/2012 OF THIS HON'BLE COURT P3 :

COPY OF THE JUDGMENT DATED 11.11.2014 IN W.P.(C). NO. 16998 OF 2013 OF THIS HON'BLE COURT P4 :

COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER P5 :

COPY OF THE COMMUNICATION DATED 17.12.2014 ISSUED BY THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THRIKKAKARA P6:

COPY OF THE ORDER DATED 19.6.2015 IN APPEAL NO.40/2014 OF THE 4TH RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 19835 OF 2015 ---------------------------------------- Dated this the 02nd day of July, 2015

JUDGMENT

Ext. P6 order rejects Ext. P4 appeal for non-compliance of Section 127(2) of the Electricity Act, 2003. The petitioner seeks an opportunity to comply with the statutory provision and have Ext. P4 appeal disposed of on merits.

2.

The third respondent shall issue a revised bill to the petitioner showing the amount due as on date. The same shall be done within a period of two weeks from the date of production of this judgment.

3.

One half of the amount shall be paid by the petitioner in terms of Section 127(2) of the Electricity Act, 2003. The statutory deposit if made within one month from today shall be treated as sufficient for disposal of Ext. P4 appeal on merits.

4.

The fourth respondent Appellate Authority shall dispose of Ext.P4 appeal within a period of two months

W.P.(C). NO. 19835 OF 2015 2 from the date of curing the defect. The amounts already deposited by the petitioner shall be given credit to while preparing the revised invoice by the third respondent. The writ petition is disposed of.

V. CHITAMBARESH JUDGE