Antony Varghese v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22368 of 2015 (U) PETITIONER:

-------------------------- ANTONY VARGHESE MANAGING DIRECTOR, M/S.KOLUTHARA EXPORTS LTD. KELTRON ROAD, AROOR BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM SRI.K.H.ANSAR RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD VYDHYUDHIBHAVANAM, PATTAM THIRUVNANTHAPURAM - 695 001 REPRESENTED BY ITS SECRETARY

2. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION AROOR, ALAPPUZHA DISTRICT - 691 102

3. THE CONSUMER GRIEVANCE REDRESSAL FORUM KERALA STATE ELECTRICITY BOARD, CENTRAL REGION POWER HOUSE ROAD, ERNAKULAM - 682 017 REPRESENTED BY ITS CHAIRMAN BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22368 of 2015 (U) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE MAHAZER DATED 22.05.2015 P2:

TRUE COPY OF THE DEMAND NOTICE NO.BB/HT/10/1047/15-16/29/8615 DATED 09.06.2015 ALONG WITH THE CALCULATION STATEMENT P3:

TRUE COPY OF THE OBJECTION DATED 15.06.2015 P4:

TRUE COPY OF THE FINAL ORDER BEARING NO.BB/HT/10/1047.15-16 DATED 29.06.2015 P5:

TRUE COPY OF THE APPLICATION DATED 15.07.2013 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT P6:

TRUE COPY OF THE COMMUNICATION ISSUED BY THE BIFR DATED 30.11.2000 P7:

TRUE COPY OF THE MEMORANDUM OF COMPLAINT DATED 16.07.2015 WITHOUT ANNEXURE P8:

TRUE COPY OF THE APPLICATION FOR INTERIM STAY DATED 16.07.2015 P9:

TRUE COPY OF THE DISCONNECTION/FINAL BILL BEARING NO. 5/HTB/10/1047 ISSUED BY THE RESPONDENT P9(a): THE TRUE COPY OF THE APPLICATION FOR ACCEPTING THE EXT P9 P10:

TRUE COPY OF THE SAID EMAIL DATED 22.07.2015 ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 22368 OF 2015 ---------------------------------------- Dated this the 24th day of July, 2015

JUDGMENT

Ext. P4 order relating to short assessment of electricity charges is challenged in Ext. P7 complaint before the third respondent forum. Ext. P7 complaint is accompanied by Ext. P8 application for stay wherein no orders are passed. The petitioner is in the meanwhile threatened with disconnection of electricity supply evident by Ext. P9 notice.

2.

I direct the third respondent to consider Ext. P8 application for stay with notice to the petitioner. The same shall be done within a period of one month from the date of receipt of a copy of this judgment.

3.

Ext. P9 notice for disconnection of electricity supply shall not be implemented till orders are passed on Ext. P8 application as directed above.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE