High Court of KeralaWP(C)/35913/2008disposed of

Shahul Hameed v. Deputy Chief Engineer

2015-05-28Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 WP(C).No. 35913 of 2008 (A) -------------------------------------- PETITIONER:

-------------------------- SHAHUL HAMEED, S.K.HOUSE, OPP.CANARA BANK, ARYANADU, PARANDODE NEDUMANGAD.

BY ADV. SRI.R.V.SREEJITH RESPONDENTS:

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

1. THE DEPUTY CHIEF ENGINEER, APTS(HO) KSEB, VIGILANCE WING, VYDYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM.

2. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, FORT THIRUVANANTHAPURAM.

R1 & R2 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B SMT.NAZEEBA.O.H., KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35913 of 2008 (A) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: COPY OF THE BILL NO. 45030037810 DATED 7.7.2005 EXHIBIT P2: COPY OF THE ORDER NO. APTS/AV/1915/05/TVM DATED 30.10.2008 EXHIBIT P3: COPY OF THE BILL DATED 20.11.2008 EXHIBIT P4: COPY OF THE NOTIFICATION DATED 3.3.2005 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 35913 OF 2008 ---------------------------------------- Dated this the 28th day of May, 2015

JUDGMENT

The first respondent lacks authority to pass Ext. P2 order in terms of Section 127 of the Electricity Act, 2003. A new appellate authority has been constituted pursuant to Muhammed Haji v. KSEB [2014 (3) KLT 706]. The appeal petition dated 06.09.2005 filed by the petitioner shall be transmitted to the designated appellate authority. 2.

The petitioner shall also file a copy of appeal petition dated 06.09.2005 before the appellate authority within one month. The sum of Rs. 15,000/- deposited by virtue of the interim order in this writ petition shall be given credit to for calculating the statutory deposit. Any other amount paid by the petitioner towards the demand in question shall also be reckoned. The appeal shall be disposed of within a period of three months from today.

W.P.(C). NO. 35913 OF 2008 2 Ext. P2 order is quashed and the appellate authority is directed to pass fresh orders.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE