High Court of KeralaWP(C)/23891/2015disposed of

Leela Joseph v. Kerala State Electricity Board

2015-08-11Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 23891 of 2015 (J) -------------------------------------- PETITIONER:

-------------------------- SMT. LEELA JOSEPH MANAGING PARTNER, M/S. ANNA GRANITES ASSAMANNOOR VIA, PERUMBAVOOR - 683 549 ERNAKULAM DISTRICT BY ADVS.SRI.M.K.DILEEPAN SRI.DEEPAK T.NEDUNGADAN SRI.TOMMY LOUIS RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD VAIDYUDI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN - 695 004 2.

DEPUTY CHIEF ENGINEER KSEB ELECTRICAL CIRCLE PERUMBAVOOR - 683 542 3.

THE ASSISTANT ENGINEER KSEB ELECTRICAL SECTION KURUPPAMPADY, PERUMBAVOOR - 683 542 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23891 of 2015 (J) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- COPY OF THE INVOICE/BILL DATED 27.05.2009 EXHIBIT P2- COPY OF THE STATEMENT OF ACCOUNT ISSUED TO PETITIONER BY 3RD RESPONDENT DATED NIL .

EXHIBIT P3- COPY OF THE REPRESENTATION GIVEN BY PETITIONER TO THIRD RESPONDENT DATED 14.10.2009 EXHIBIT P4- COPY OF THE JUDGMENT IN W.P.(C). NO. 33957/2009 DATED 12.08.2014 EXHIBIT P5- COPY OF ORDER DATED 20.12.2014 PASSED BY 3RD RESPONDENT EXHIBIT P6- COPY OF NOTICE DATED 22.06.2015 ISSUED BY 3RD RESPONDENT. EXHIBIT P7- COPY OF INVOICE DATED 6.7.2015 ISSUED BY 3RD RESPONDENT EXHIBIT P8- COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT BY PETITIONER DATED 31.7.2015 EXHIBIT P9- COPY OF NOTICE OF DISCONNECTION ISSUED BY 3RD RESPONDENT DATED 3.8.2015 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 23891 OF 2015 ---------------------------------------- Dated this the 11th day of August, 2015

JUDGMENT

Ext.P5 proceedings of the third respondent is impugned. The grievances of the petitioner are two fold and they are as under:- i) There is no justification for imposing penalty. ii) Excess amount has already been collected.

It is open to the petitioner to challenge Ext. P5 proceedings in appeal. An appeal lies to the Appellate Authority under Section 127 of the Electricity Act, 2003. 2.

Any appeal filed within one month from today shall be dealt with within three months therefrom. The petitioner is free to obtain appropriate interim orders in the appeal if any filed. The electricity connection to the premises of the petitioner shall not be snapped in the meanwhile.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE