K.V.Sebastian v. The Kseb

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 34470 of 2015 (G) ---------------------------- PETITIONER:

------------------- K.V.SEBASTIAN, S/O.EVASSIYA, KAPPIL HOUSE, N.R.CITY, RAJAKKAD, IDUKKI DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S):

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1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, K.S.E.B, PATTOM, THIRUVANANTHAPURAM - 695 001.

2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, CHITHIRAPURAM, IDUKKI DISTRICT - 685 554.

3. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, KSEB, RAJAKUMARI, IDUKKI DISTRICT - 685 586.

4. THE ELECTRICITY OMBUDSMAN, CHARANGATT BHAVAN, BUILDING NO.36/895, MAMANGALAM, ANJUMANA ROAD, EDAPPALLY, KOCHI - 24.

BY SRI.SAJEEVKUMAR K.GOPAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34470 of 2015 (G) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE REPORT OF THE SENIOR AUDIT OFFICER. EXT. P2 :

TRUE COPY OF THE BILL ISSUED BY THE 3RD RESPONDENT. EXT. P3 :

TRUE COPY OF THE COMPLAINT WITHOUT ANNEXURE NO.CGRFCR/COMP.78/2015-16/375 OF THE PETITIONER. EXT. P4 :

TRUE COPY OF THE JUDGMENT IN WP(C)NO.29131/2010 DATED 20.7.2015.

EXT. P5 :

TRUE COPY OF THE ORDER OF THE CGRF, ERNAKULAM DATED 15.10.2015.

EXT. P6 :

TRUE COPY OF THE COMPLAINT WITH OUT ANNEXURE OF THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXT. P7 :

TRUE COPY OF THE STAY PETITION IN EXT. P6.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 16th day of November, 2015

J U D G M E N T

The petitioner, who is aggrieved by Ext.P2 bill served on him by the respondent Board, has preferred Ext.P6 appeal and Ext.P7 stay petition before the 4th respondent Ombudsman. The limited prayer of the petitioner is for a direction to the 4th respondent to consider and pass orders on Ext.P6 appeal and to stay the proposed disconnection of electric supply to his premises in the meanwhile.

2. I have heard the learned counsel for the petitioner and also the learned Standing counsel for the respondent Board.

3. 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 4th respondent to consider and pass orders on Ext.P6 appeal within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that, further steps pursuant to Exts.P2 and P5, including steps for disconnection of the electric supply to the petitioner's premises, shall be kept in abeyance till such time

as orders are passed by the 4th respondent as directed and communicated to the petitioner.

A.K.JAYASANKARAN NAMBIAR JUDGE mns/16.11.15