Aji Cherian v. Kerala State Electricity Board

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. 20867 of 2015 (G) ---------------------------- PETITIONER(S):

----------------- AJI CHERIAN, AGED 43 YEARS VALIYAVEETIL, GANDHI NAGAR P.O., KOTTAYAM.

BY ADVS.SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S):

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

KERALA STATE ELECTRICITY BOARD LTD., VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM PIN - 695 004 REPRESENTED BY ITS CHAIRMAN.

2.

THE DIRECTOR (DISTRIBUTION) KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM PIN - 695 004.

3.

THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KOTTAYAM - 686 001. 4.

THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KOTTAYAM CENTRAL - 686 001. 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.20867 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTICE BEARING NO.BB/CDRF, KTM/201415 DATED 20.2.2015 EXHIBIT P1(a) :

TRUE COPY OF THE DEMAND AND DISCONNECTION NOTICE ISSUED BY THE FOURTH RESPONDENT.

EXHIBIT P2 :

TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT. EXHIBIT P3 :

TRUE COPY OF THE RECEIPT EVIDENCING THE REMITTANCE OF THE AMOUNT ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3(a) :

TRUE COPY OF THE RECEIPT EVIDENCING THE REMITTANCE OF THE AMOUNT ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3(b) :

TRUE COPY OF THE RECEIPT EVIDENCING THE REMITTANCE OF THE AMOUNT ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3(c) :

TRUE COPY OF THE RECEIPT EVIDENCING THE REMITTANCE OF THE AMOUNT ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE REPRESENTATION DATED 1.7.2015 (WITHOUT ANNEXURES) RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.20867 of 2015 --------------------- Dated this the 10th day of July, 2015

J U D G M E N T

The petitioner was granted 6 instalments to pay the amount demanded in Ext.P1 notice by Ext.P2 order. The petitioner contends that he has paid 4 instalments as borne out by Ext.P3 series receipts.

2. The petitioner contends that the amounts already remitted works out to 130% of the original demand referred to in Ext.P1 notice. The petitioner seeks waiver of the balance two instalments as directed in Ext.P2 order.

3. Ext.P4 representation put in by the petitioner is pending consideration. I direct the second respondent to consider Ext.P4 representation with notice to the petitioner within one month. The time fixed for payment of the fifth instalment as directed in Ext.P2 order is extended by one month. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.