High Court of KeralaWP(C)/21435/2015disposed of

M/S.Prince Tmt Steels (P)Ltd v. Kerala State Electricity Board Limited

2015-07-16Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 21435 of 2015 (D) ---------------------------- PETITIONER(S):

----------------- M/S.PRINCE TMT STEELS (P) LTD., KINFRA WISEPARK KANJIKODE, PIN - 678 701 REPRESENTED BY ITS MANAGING DIRECTOR SRI.T.K.ABDUL KAREEM.

BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S):

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

KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004 2.

THE ASSISTANT ENGINEER, KSEB LTD., ELECTRICAL SECTION, KANJIKODE, PALAKKAD, PIN - 678 701 3.

ANTI POWER THEFT SQUAD REPRESENTED BY ITS EXECUTIVE ENGINEER (SR) KERALA STATE ELECTRICITY BOARD LIMITED VYDHUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM PIN - 695 004.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.21435 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE RELEVANT EXTRACT OF THE HT AGREEMENT DATED 22.4.2013 EXHIBIT P2 :

TRUE COPY OF THE LETTER DATED 8.5.2013 ISSUED BY THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE PALAKKAD. EXHIBIT P3 :

TRUE COPY OF THE MAHAZAR DATED 17.6.2015 EXHIBIT P4 :

TRUE COPY OF THE PROVISIONAL BILL DATED 7.7.2015 ALONG WITH COVERING LETTER.

EXHIBIT P5 :

TRUE COPY OF THE OBJECTION DATED 11.7.2015.

RESPONDENT(S) EXHIBITS NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.21435 of 2015 --------------------- Dated this the 16th day of July, 2015

J U D G M E N T

The petitioner has filed Ext.P5 objection to Ext.P4 provisional bill issued in terms of Section 126 of the Electricity Act, 2003. The objection is based on Ext.P1 agreement, Ext.P2 letter as well as Section 47 of the Factories Act. The petitioner seeks early consideration of Ext.P5 objection adverting to the contentions therein.

I direct the second respondent to consider Ext.P5 objection after adverting to the contentions therein.

The petitioner shall be afforded an opportunity of being heard in the exercise. Final orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.