M/S. Hotel Highway Palace v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 25013 of 2015 (B) ---------------------------- PETITIONER:
------------------ M/S. HOTEL HIGHWAY PALACE, NH-47, PEECHI JUNCTION, PATTIKKAD, THRISSUR, REPRESENTED BY ITS PARTNER MOHAN KUMAR P.N., AGED 60 YEARS, S/O. NARAYANAN, PARUTHIPPARA VEEDU, EAST FORT P.O., THEKKEKKARA ESTATE, (STREET NO. 28), KIZHAKKUMPATTUKARA THRISSUR - 5.
BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS:
----------------------- 1.
UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF RAILWAYS, CENTRAL SECRETARIAT, NEW DELHI.
2.
THE SENIOR DIVISIONAL COMMERCIAL MANAGER, DIVISIONAL OFFICE, COMMERCIAL BRANCH, THIRUVANANTHAPURAM - 695 001.
3.
THE CHIEF ELECTRICAL ENGINEER, OFFICE OF RAILWAY GENERAL MANAGER, 7TH FLOOR, PARK TOWN, CHENNAI - 1.
4.
THE SENIOR DIVISIONAL ELECTRICAL ENGINEER (G), DIVISIONAL OFFICE, ELECTRICAL BRNACH, THIRUVANANTHAPURAM 695 014.
BY SRI.C.S.DIAS,SC, RAILWAYS BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25013/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :
TRUE COPY OF LETTER NO.V/C.79/CATG/VRR/KTYM/14 DATED 18.02.2014 OF THE 2ND RESPONDENT.
EXHIBIT P2 :
TRUE COPY OF THE COMPLAINT N O. 2306/15 JJ DATED 23.06.2015 BEFORE THE 4TH RESPONDENT.
EXHIBIT P3 :
TRUE COPY OF THE LETTER NO. V/E.249/II/IVOL.XXII DATED 05.08.2015 OF THE TH RESPONDENT.
EXHIBIT P4 :
TRUE COPY OF THE COMPLAINT DATED 11.08.2015 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P5 :
TRUE COPY OF THE COMPLAINT DATED 11.08.2015 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 :
TRUE COPY OF THE PETITION DATED 10.08.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 :
TRUE COPY OF THE PETITION DATED 10.08.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 :
TRUE COPY OF THE BILL NO. 031 DATED 03.06.2008. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.
V. CHITAMBARESH, J -------------------------------- WP(C) NO. 25013 OF 2015 ------------------------------------ Dated this the 18th day of August, 2015
JUDGMENT
Ext.P3 bill inter alia demanding security deposit and penalty is impugned. The petitioner has already filed Exts.P6 and P7 appeals against Ext.P3 bill. Exts.P6 and P7 appeals are pending with the second and third respondents. 2.
Interest of justice would be met by directing the second respondent to consider Ext.P6 appeal. The same shall be done with notice to the petitioner within a period of two months. The coercive steps pursuant to Ext.P3 bill shall be put on hold in the meanwhile. This is subject to the condition that the petitioner remits one half of the amount demanded thereunder within one month.
3.
The petitioner has yet another grievance as regards the location of the meter. Ext.P4 representation filed in this regard is pending. I direct the fourth respondent to consider Ext.P4 representation forthwith. The same shall be done within
WP(C) No. 25013/2015 a period of two months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of.
V. CHITAMBARESH JUDGE ncd