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High Court of KeralaWP(C)/35162/2014disposed of

Binny Itty v. Kerala State Electricity Board

2015-06-24Honourable Mr.Justice V.Chitambaresh5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).No. 35162 of 2014 (U) ---------------------------- PETITIONER(S):

----------------- BINNY ITTY, AGED 44 YEARS S/O.ITTY, MANAGING PARTNER, M/S.CRYSTAL APARTMENT CSI COMMERCIAL COMPLEX, BAKER JUNCTION, KOTTAYAM PIN 686001. RESIDING AT THANNIKKAL HOUSE GOVINDAPURAM KARA, KOTTAYAM-686001.

BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S):

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

1. KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY THE SECRETARY, VYTHUTHIBHAVANAM THIRUVANANTHAPURAM.

2. THE ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB LIMITED, KOTTAYAM CENTRAL PIN 686001.

3. P.LALITHAMMA W/O.LATE RAGHAVAN PILLAI, RUGMINI SADANAM GOVINDAPURAM KARA, KOTTAYAM, PIN 686001.

4. BIJU.S WORKING AS ASSISTANT ENGINEER, ELECTRICAL SECTION KSEB LIMITED, KOTTAYAM CENTRAL, 686001.

5. ELECTRICAL INSPECTOR DEPARTMENT OF ELECTRICAL INSPECTORATE, STAR JUNCTION KOTTAYAM, PIN 686001.

R3 BY ADV. SRI.K.RAMAKUMAR (SR.) R3 BY ADV. SRI.S.M.PRASANTH R3 BY ADV. SRI.C.DINESH R3 BY ADV. ADV.SRI.RENJITH.G R3 BY ADV. SMT.ASHA BABU R3 BY ADV. SMT.AMMU CHARLES R3 BY ADV. SMT.JINNU SARA GEORGE R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35162 of 2014 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1:A TRUE COPY OF THE WILL DATED 4.1.1989. EXHIBIT-P2: A TRUE COPY OF THE AGREEMENT DATED 24.4.2006. EXHIBIT-P3: A TRUE COPY OF THE SALE DEED DATED 7.12.2007. EXHIBIT-P4: A TRUE COPY OF THE INTERIM ORDER DATED 16.10.2012 IN W.P.(C) NO.24436/2012.

EXHIBIT-P5: A TRUE COPY OF THE JUDGMENT DATED 15.11.2013 IN W.P.(C) NO.9872/2012.

EXHIBIT-P6: A TRUE COPY OF THE ORDER DATED 21.7.2014 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT-P7: A TRUE COPY OF THE RECEIPT DATED 8.8.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P8: A TRUE COPY OF THE LETTER DATED 1.11.2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P9: A TRUE COPY OF THE MAHAZER DATED 16.12.2014. EXHIBIT-P10: A TRUE COPY OF THE PROCEEDINGS DATED 17.12.2014. EXHIBIT-P11: A TRUE COPY OF THE LATEST BILL DATED 11.11.2014. RESPONDENT(S)' EXHIBITS ------------------------------ EXT.R3(a) TRUE COPY OF COMMUNICATION NO.BB/ES, KTMC/2012-13/RIA DATED 17.4.2012 SENT BY THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, KOTTAYAM CENTRAL TO THE 3RD RESPONDENT'S DAUGHTER.

EXT.R3(b) TRUE COPY OF COMPLETION CERTIFICATE DT. 13.3.2010 SUBMITTED BY THE PETITIONER.

EXT.R3(c) TRUE COPY OF COMPLAINT DT. 8.6.2015 SUBMITTED BY THE THIRD RESPONDENT BEFORE THE ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORATE, KOTTAYAM.

EXT.R3(d) TRUE COPY OF COMMISSION REPORT DT. 17.3.2015 SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO.219/2015

W.P (C) No.35162/2014 : 2 :

EXT.R3(e) TRUE COPY OF SKETCH OF CRYSTAL APARTMENTS, KOTTAYAM. EXT.R3(f) TRUE COPY OF AFFIDAVIT DT. NIL SWORN TO BY THE PETITIONER. //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.35162 of 2014 --------------------- Dated this the 24th day of June, 2015

J U D G M E N T

Ext.P10 provisional bill issued in terms of Section 126(2) of the Electricity Act, 2003 is impugned. The petitioner is at liberty to file an objection thereto in terms of Section 126(3) of the Electricity Act, 2003.

2. Any objection filed within two weeks from today shall be dealt with by the second respondent within two weeks therefrom. The petitioner as well as the third respondent shall be put on notice and heard in the exercise.

3. The second respondent shall in so doing advert to the judgment in W.A.No.604/2015 and connected cases and the order in Review if any. This is because the third respondent has reportedly applied for review of the judgment in W.A.No.604/2015.

4. Any order passed by the second respondent is open to appeal under Section 127 of the Electricity Act, 2003. The amounts if any deposited pursuant to the interim order in this writ petition shall be given

W.P (C) No.35162 of 2014 credit to while quantifying the statutory deposit for filing the appeal.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.