C.P.Javid v. Kerala State Electricity Board Ltd.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 WP(C).No. 32175 of 2015 (V) ---------------------------- PETITIONER:
-------------------- C.P.JAVID, PROPRIETOR, WOOD BORD, KEERIYAD, VALAPATTANAM.P.O., KANNUR DISTRICT - 670010.
BY ADV. SRI.P.M.PAREETH RESPONDENT(S):
--------------------------
1. KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004.
2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, VALAPATTANAM, KANNUR DISTRICT - 670 009.
3. CONSUMER GRIEVANCE REDRESAL FORUM, NORTHERN REGION, GANDHI ROAD, KOZHIKODE - 673 032.
R1 & R2 BY SRI.JAICE JACOB,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 32175 of 2015 (V) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:
EXT. P1 :
A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF TARIFF NOTIFICATION DATED 30.4.13 ISSUED BY THE ELECTRICITY REGULATORY COMMISSION.
EXT. P2 :
A TRUE PHOTOCOPY OF THE ARREAR DEMAND DATED 29.9.15 FOR RS.3,71,954/- FOR 10/2013 TO 4/2015 ISSUED BY THE 2ND RESPONDENT.
EXT. P3 :
A TRUE PHOTOCOPY OF THE COMPLAINT DATED 13.10.15 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL.
//TRUE COPY// P.S. TO JUDGE mbr/
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 32175 of 2015 ===================================================== Dated this the 21st day of October, 2015
JUDGMENT
The petitioner, who is aggrieved by Ext.P2 demand notice for differential electricity charges, has preferred Ext.P3 complaint before the 3rd respondent. The grievance of the petitioner in the writ petition is that, even before the 3rd respondent had occasion to consider and pass orders on Ext.P3 complaint preferred by the petitioner, the respondents are taking recovery steps for recovery of amounts confirmed against the petitioner by Ext.P2 demand notice.
I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents.
On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P3 complaint, filed by the petitioner before him, within a period of six weeks from the date of receipt of a copy of this judgment. I make it clear that, till such time as orders are passed by the 3rd respondent as directed and communicated to the petitioner, recovery steps, including disconnection of electricity,
-2W.P.(C). No. 32175 of 2015 against the petitioner pursuant to Ext.P2 demand notice, shall be kept in abeyance.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /21.10.15