High Court of KeralaWP(C)/20860/2015disposed of

Jaison Robinson v. The Kerala State Electricity Board

2015-07-10Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 10TH DAY OF JULY 2015/19TH ASHADHA, 1937 WP(C).No. 20860 of 2015 (F) ---------------------------- PETITIONER(S):

----------------- JAISON ROBINSON, AGED 39 YEARS S/O.ROBISON, AISHWARYA, MARUTHIMOODU, ELAMANNOOR P.O.

ADOOR, PATHANAMTHITTA.

BY ADV. SRI.S.NIDHEESH RESPONDENT(S):

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

THE KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM.

THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, ADOOR - 691 523.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.20860 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 11.6.2015 EXHIBIT P2 :

TRUE COPY OF THE AGREEMENT DATED 8.1.2014 EXHIBIT P3 :

TRUE COPY OF THE NOTICE DATED 20.3.2015 BY THE SECOND RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE OBJECTION DATED 9.6.2015 BY THE PETITIONER.

EXHIBIT P5 :

TRUE COPY OF THE OBJECTION DATED 4.7.2015 BY THE PETITIONER.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.20860 of 2015 --------------------- Dated this the 10th day of July, 2015

J U D G M E N T

The petitioner has filed Exts.P4 and P5 petitions to Ext.P3 notice demanding pole rental charges. The same are allegedly due for drawing television cables along electricity posts.

2. The disputes of such nature are to be resolved by the Chief Engineer concerned. Provisions to that effect can be found in the agreement entered into between the petitioner and the respondents. I permit the petitioner to move the Chief Engineer concerned by a proper representation. The same shall be done within a period of two weeks from today.

3. Any such representation shall be considered within a period of two weeks therefrom. Needless to say that the petitioner will be put on notice and heard. The coercive steps pursuant to Ext.P3 notice (for dismantling) shall not be enforced in the meanwhile. This is subject to the condition that the petitioner deposits one-half of the amount demanded in Ext.P3 notice within two weeks.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.