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High Court of KeralaWP(C)/33098/2015disposed of

M/S. Popular Vehicles And Services Ltd. v. Kerala State Electricity Board Ltd.

2015-10-30Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 WP(C).No. 33098 of 2015 (J) --------------------------------------- PETITIONER(S):

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

M/S. POPULAR VEHICLES AND SERVICES LTD. , KUTTUKKARAN CENTRE, MAMANGALAM, PIN-682025, REPRESENTED BY ITS BRANCH HEAD SRI.SABU RAMAN. 2.

FANCY JACOB, CC 35/1541-B, KALLARAKKAL HOUSE, SOUTH JANATHA ROAD, PALARIVATTOM P.O., KOCHI-682025.

BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.ANSAR K.H.

RESPONDENT(S):

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

KERALA STATE ELECTRICITY BOARD LTD., VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695001, REPRESENTED B Y ITS SECRETARY.

2.

THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, PALARIVATTOM, ERNAKULAM-682024.

BY SRI.JAICE JACOB,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 33098 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE BILL DATED 4/9/15 EXT.P2.

TRUE COPY OF THE LICENSE AGREEMENT EXECUTED BETWEEN THE PETITIONERS AND REGISTERED AS DOCUMENT NO.3254/5 DATED 15/9/15 OF SUB REGISTRAR OFFICE, EDAPPALLY.

EXT.P3.

TRUE COPY OF THE COMMUNICATION DATED 22/9/15 ISSUED BY THE 1ST PETITIONER.

EXT.P4.

TRUE COPY OF THE MONTHLY BILL DATED 15/10/15 EXT.P5.

TRUE COPY OF THE INVITATION WHICH WAS ISSUED THROUGH EMAIL TO THE GUESTS BY THE 1ST PETITIONER EXT.P6.

TRUE COPY OF THE OBJECTION DATED 27/10/15 WHICH WAS SUBMITTED ON 28/10/15 BY THE 2ND PETITIONER RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.33098 OF 2015 (J) ----------------------------------- Dated this the 30th day of October, 2015

J U D G M E N T

Against Ext.P4 bill issued to the petitioners in terms of the Electricity Act, the 2nd petitioner has preferred Ext.P6 objections before the 2nd respondent in terms of Regulation 130 of the Kerala Electricity Supply Code, 2014. The limited prayer of the petitioners in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P6 objections, after hearing the petitioners.

2. I have heard the learned counsel for the petitioners as also the learned Standing counsel for the respondent Board. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P6 objections preferred by the 2nd petitioner, before him, within a period of two weeks from the date of receipt of a copy of this judgment, after hearing the petitioners. It is made clear that recovery

W.P.(C).No.33098/2015 steps for recovery of amounts confirmed against the petitioners, by Ext.P4 bill, shall be kept in abeyance till such time as orders are passed by the 2nd respondent as directed and communicated to the petitioners.

A.K.JAYASANKARAN NAMBIAR JUDGE prp/30/10/15