High Court of KeralaWP(C)/25935/2010disposed of

Vaikom Satyagraha Memorial Hospital v. Assistant Engineer

2015-07-03Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 25935 of 2010 (N) -------------------------------------- PETITIONER:

-------------------------- VAIKOM SATYAGRAHA MEMORIAL HOSPITAL, REPRESENTED BY ITS ADMINISTRATOR, WEST GATE VAIKOM-686141.

BY ADVS.SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS:

----------------------------

1. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, VAIKOM-686141.

2. MANAGING DIRECTOR, BAHULEYAN CHARITABLE FOUNDATION INDO AMERICAN HOSPITAL, BRAIN & SPINE CENTRE, BUILDING NO.VIII/287 (A), CHEMMANAKARI VAIKOM-686143.

R1 BY SRI. S. SHARAN, SC, KSEB SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.C.K.KARUNAKARAN, SC FOR KSEB R2 BY ADVS. SRI.T.A.SHAJI SMT.MALU JOHN SMT.BIMALA BABY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25935 of 2010 (N) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COMPUTER COPY OF THE COMMON JUDGMENT DATED 11.1.2010 IN W.A. NOS. 1217 AND 1227 OF 2007 OF THIS HON'BLE COURT P2 :

COPY OF LETTER NO. BB/VKM/REV/10-11 DATED 26.07.2010 ALONG WITH THE ATTACHED REVISED BILL AND STATEMENT OF ENERGY CHARGES ISSUED BY THE 1ST RESPONDENT P3 :

COPY OF THE REPRESENTATION DATED 02.08.2010 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:- --------------------------------------- R2(a) :

TRUE COPY OF THE INTERIM ORDER DATED 11.12.2009 IN I.A. NO. 1395/2009 IN RFA NO. 264/2009 OF THIS HON'BLE COURT R2(b) :

TRUE COPY OF THE COMMUNICATION DATED 16.08.2010 ISSUED BY THE 2ND RESPONDENT /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 25935 OF 2010 ---------------------------------------- Dated this the 03rd day of July, 2015

JUDGMENT

Heard the counsel for the parties and the writ petition is disposed of on consensus.

Amounts are due from the petitioner to the second respondent who has been found liable to pay the electricity dues. The petitioner has undertaken to clear the electricity dues and adjust the amount due from him to the second respondent. The amount demanded in Ext.P2 revised bill with applicable interest shall be paid by the petitioner in five equal monthly instalments starting from 31.07.2015. 3.

The electricity connection shall not be snapped if the petitioner complies with the conditions in time. The coercive steps can be taken by the first respondent if any one instalment is defaulted by the petitioner.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE