High Court of KeralaWP(C)/24206/2014disposed of

Rajiv Gandhi Co-Operative Hospital Ltd v. Kerala State Electricty Board

2015-01-06Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 24206 of 2014 (A) -------------------------------------- PETITIONER:

-------------------- RAJIV GANDHI CO-OPERATIVE HOSPITAL LTD NO E.303, KOOTHATTUKULAM P O, ERNAKULAM DIST REP BY ITS HONORARY SECRETARY BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS:

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1. KERALA STATE ELECTRICTY BOARD VYDHUTHI BHAVAN, THIRUVANANTHAPURAM REP BY ITS CHAIRMAN, PIN-695001

2. THE MEMBER (SUPPLY) KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN THIRUVANANTHAPURAM, PIN-695001

3. THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA PIN-686661

4. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD KOOTHATTUKULAM PIN-686662 BY ADVS. SRI. SAJEEVKUMAR K.GOPAL, SC, KSEB SRI. JOICE GEORGE, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24206 of 2014 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF REPRESENTATION DTD 13/5/2014 P2:- TRUE COPY OF LETTER NO DBZ/LEOYEC/1415/39/10.8.14 DTD 10/8/2014 P3:- TRUE COPY OF THE RECEIPT NO 606225 ON 10/7/2014 P4:- TRUE COPY OF THE RECEIPT NO 616026 DTD 13/8/2014 P5:- TRUE COPY OF THE RECEIPT NO 616025 DTD 13/8/2014 P6:- TRUE COPY OF THE RECEIPT NO 623138 DTD 14/9/2014 P7TRUE COPY OF THE RECEIPT NO 623137 DTD 16/9/2014 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 24206 OF 2014 ---------------------------------------- Dated this the 06th day of January, 2015

JUDGMENT

The writ petition was filed seeking a direction to install a 100 KV transformer at the premises of the petitioner. It is now conceded that a 100 KV transformer has since been installed to give high tension connection. What survives is the levy of surcharge for the belated payment of the amount. 2.

The petitioner has been given as many as fifteen instalments to pay the amount due. The surcharge was levied only to cover the interest on account of such deferred payments. Surcharge can be avoided only if the petitioner deposits the whole amount in lump.

The petitioner concedes that it is not in a position to deposit the entire amount demanded in Ext.P2 in lump. The petitioner having availed of instalment facility cannot complain of the surcharge levied. No other question arises for consideration in the above writ petition.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE