← Library
High Court of KeralaWP(C)/22636/2015disposed of

Mangala Seafoods v. Kerala State Electricity Board

2015-07-273 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 WP(C).No. 22636 of 2015 (D) ------------------------------------ PETITIONER:

-------------------- MANGALA SEAFOODS INDUSTRIAL ESTATE, AROOR, ALAPPUZHA - 688 534 CONSUMER NO. HTB 21/6017 REGD. OFFICE.CC XVI/1368 BHAT MEMORIAL BUILDING THOPPUMPADY, COCHIN REPRESENTED BY ITS PARTNER M.R. ASHOK BY ADVS.SRI.BLAZE K.JOSE SRI.M.RAJESH SMT.P.SHEENA RAJAN RESPONDENTS 1 TO 4:

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

KERALA STATE ELECTRICITY BOARD LTD.

REPRESENTED BY ITS CHAIRMAN VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM, PIN - 695 001 2.

THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD LTD.

VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM, PIN - 695 001 3.

THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, AROOR ALAPPUZHA DISTRICT, PIN - 686 564 4.

THE CONSUMER GRIEVANCE REDRESSAL FORUM KERALA STATE ELECTRICITY BOARD LTD.

CENTRAL REGION, ERNAKULAM POWER HOUSE, ERNAKULAM - 682 018 REPRESENTED BY CHAIR PERSON.

BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22636 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE MAHAZAR DATED 23.05.2015 P2 :

COPY OF THE PROVISIONAL ASSESSMENT DATED 04.06.2015, BILL & CALCULATION STATEMENT P3 :

COPY OF THE OBJECTION DATED 11.07.2015 SUBMITTED BY THE PETITIONER TO THE PROVISIONAL ASSESSMENT P4 :

COPY OF THE FINAL ASSESSMENT ORDER DATED 29.06.2015 AND BILL P5 :

COPY OF THE ORDER IN REPRESENTATION NO. P150/2010 DATED 18.09.2010 THE ELECTRICITY OMBUDSMAN P6:

COPY OF THE COMPLAINT NO. 52 OF 2015 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AGAINST EXT. P4 SHORT ASSESSMENT AND BILL RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 22636 OF 2015 ---------------------------------------- Dated this the 27th day of July, 2015

JUDGMENT

The alleged failure to segregate the power load and the light load has led to the passing of Ext. P4 final assessment order. The petitioner contends that the reasoning in Ext. P4 order runs counter to Ext. P5 order of the Electricity Ombudsman.

2.

The petitioner has challenged Ext. P4 order in Ext. P6 complaint with the fourth respondent Redressal Forum. The complaint is accompanied by an application for interim stay of coercive steps.

3.

I direct the fourth respondent forum to consider the motion made for interim relief in Ext. P6 complaint within a period of one month. The petitioner shall be put on notice and heard in the exercise.

4.

The coercive steps pursuant to Ext. P4 order shall be put on hold till orders are passed on the motion made for interim relief in Ext.P6 complaint.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS