K.E.Aboobacker v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 WP(C).No. 25633 of 2015 (D) -------------------------------------- PETITIONER:

-------------------------- K.E.ABOOBACKER KARAKUNNATHU HOUSE PERINGALA P.O.

ERNAKULAM DISTRICT BY ADVS.SRI.P.P.THAJUDEEN SMT.P.B.WAHIDA SMT.C.SEENA RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR VAIDUTHY BHAVANAM PATTOM, THIRUVANANTHAPURAM PIN - 695 023 2.

DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE KERALA STATE ELECTRICITY BOARD LTD.

PERUMBAVOOR, PIN - 683 542 3.

DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE KERALA STATE ELECTRICITY BOARD LTD.

POWER HOUSE, ERNAKULAM KOCHI - PIN 682 031 4.

ASSISTANT ENGINEER ELECTRICAL SECTION KERALA STATE ELECTRICITY BOARD LTD KIZHAKKAMBALAM, PIN - 683 542 5.

EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD ELECTRICAL DIVISION PERUMBAVOOR, PIN - 683 542 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25633 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO. 26180/2009 P2 :

COPY OF THE ASSESSMENT ORDER DATED 30.04.2012 PASSED BY THE 4TH RESPONDENT P3 :

COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT DATED 13.5.2014 P4 :

COPY OF THE DEMAND LETTER DATED 28.6.2014 ISSUED BY 4TH RESPONDENT P4(a) : COPY OF THE CALCULATION STATEMENT ISSUED ALONG WITH EXHIBIT P4 P5:

OBJECTION DATED 12.7.2014 FILED BY THE PETITIONER P6:

COPY OF THE REVISED DEMAND NOTICE DATED 22.7.2014 ISSUED BY THE 4TH RESPONDENT P6(a): COPY OF THE CALCULATION DETAILS DATED 22.7.2014 BY THE 4TH RESPONDENT P7:

COPY OF THE COMPLAINT DATED 2.8.2014 FILED BEFORE THE THIRD RESPONDENT BY THE PETITIONER P8:

THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT DATED 29.5.2015 TO THE PETITIONER P9:

COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT P10:

COPY OF THE COMMUNICATION DATED 17.08.2015 ISSUED BY THE 4TH RESPONDENT P10(a): COPY OF THE DETAILS OF ARREARS DUE AND SURCHARGE ISSUED BY 4TH RESPONDENT DATED 17.08.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V.CHITAMBARESH, J.

-------------------------------------- W.P (C) No.25633 of 2015 ----------------------------------------- Dated this the 20th day of August, 2015

J U D G M E N T

The petitioner has filed Ext. P5 objection to the demand made under Ext. P4 and P4(a) communications. The petitioner contends that no orders have hitherto been passed after considering Ext. P5 objection. The petitioner has in the meanwhile been served with Exts. P6 and P10 bills pursuing the demand.

2.

I direct the fourth respondent to consider Ext. P5 objection with notice to the petitioner within a period of one month. The coercive steps pursuant to Exts. P6 and P10 bills shall be put on hold in the meanwhile. The petitioner is free to raise additional grounds at the time of hearing.

The writ petition is disposed of.

V.CHITAMBARESH, JUDGE.

DCS.