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High Court of KeralaWP(C)/34916/2015disposed of

Pappinissery Industrial Co-Op. Society v. Kerala State Electricity Board

2015-11-19Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 34916 of 2015 (L) ---------------------------- PETITIONER :

--------------------- PAPPINISSERY INDUSTRIAL CO-OPERATIVE SOCIETY LTD NO. S IND (C) 91, PAPPINISSERY WEST P.O., KANNUR DISTRICT - 670 565 REPRESENTED BY ITS SECRETARY.

BY ADV. SRI.P.M.PAREETH RESPONDENT(S) :

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

KERALA STATE ELECTRICITY BOARD LTD REPRESENTED BY ITS SECRETARY VIDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004.

2.

ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL SECTION, PAPPINISSERY KANNUR DISTRICT - 670 565.

3.

CONSUMER GRIEVANCE REDRESAL FORUM NORTHERN REGION, GANDHI ROAD KOZHIKODE - 673 032.

BY ADV. SRI.JAICE JACOB, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 34916 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF THE RELEVANT PORTION OF TARIFF NOTIFICATION DATED 30.4.13 ISSUED BY THE ELECTRICITY REGULATORY COMMISSION.

EXT.P2 PHOTOCOPY OF THE ARREAR DEMAND DATED 26.10.15 FOR RS. 4,56,709/- FOR 10/2013 TO 10/2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P3 PHOTOCOPY OF THE COMPLAINT DATED 16.11.15 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 34916 of 2015 ===================================================== Dated this the 19th day of November, 2015

JUDGMENT

The petitioner, who is aggrieved by Ext.P1 penal bill, that was served on him under the Electricity Act, seeks only a direction to the 3rd respondent, before whom he has preferred Ext.P3 complaint, to consider and pass orders on the said complaint, within a specified time frame and to keep recovery steps for recovery of amounts confirmed against the petitioner pursuant to Ext.P2 demand notice, in abeyance till such time as the 3rd respondent has considered Ext.P3 complaint.

2.

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 as also 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, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. I make it clear that the recovery steps for recovery of amounts confirmed against the petitioner pursuant to Ext.P2

-2W.P.(C). No. 34916 of 2015 demand notice, including steps for disconnection of electric supply to the premises of the petitioner, shall be kept in abeyance, till such time as orders are passed by the 3rd respondent as directed and communicated to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das /19.11.15