High Court of KeralaWP(C)/25363/2015disposed of

Bayshore Seawood Projects v. Kerala State Electricity Board Ltd

2015-08-19Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 WP(C).No. 25363 of 2015 (U) ---------------------------- PETITIONER(S):

------------- BAYSHORE SEAWOOD PROJECTS K.K.ROAD, KALOOR, REPRESENTED BY ITS PARTNER TAJAN CYRIL.

BY ADVS.SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR SRI.BIJOY CHANDRAN RESPONDENT(S):

------------------

1. KERALA STATE ELECTRICITY BOARD LTD VYDYUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM - 695 004.

2. THE EXECUTIVE ENGINEER ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD THRIPPUNITHURA - 682 301.

3. ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB, TRIKKAKKARA ERNAKULAM DISTRICT - 682 021.

R1-R3 BY ADV. SRI.P.SANTHALINGAM (SR.) R1-R3 BY ADV. SRI.S.SHARAN,SC,K.S.E.BOARD R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25363 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- P1 - COPY OF THE RECEIPT DT. 30.3.2015 ISSUED BY THE 3 RESPONDENT. P2 - COPY OF THE LETTER DT. 07.07.2015/11.8.2015 OF THE 2ND RESPONDENT. P3 - COPY OF THE PROTEST/REQUEST LETTER DT. 13.8.2015 SUBMITTED BEFORE THE 2ND RESPONDENT.

P4 - COPY OF THE ABOVE SAID INTERIM ORDER DT. 20.7.2015 IN WPC NO. 21720/2015.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //True copy// P.S. to Judge.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.25363 of 2015 --------------------- Dated this the 19th day of August, 2015

J U D G M E N T

The petitioner contends that the demand evidenced by Ext.P2 letter is not in tune with the Kerala Electricity Supply Code, 2014. It is also stated that the same militates against the orders passed by the Kerala State Electricity Regulatory Commission.

2. Similar writ petitions have been disposed of relegating the parties to the Consumer Grievance Redressal Forum. A complaint can be filed therefore under Regulation 130(8) of the Kerala Electricity Supply Code, 2014. Any motion made in that regard within three weeks from today shall be dealt with appropriately.

3. The petitioner is however granted liberty to pay the amount demanded under protest. The amount can be paid in three fortnightly instalments starting from 15.9.2015.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.