Allowed

K.a.Salim v. the Asst.Exe.Engineer, K.S.E.B

Kerala HC7 Jan 2010WP(C)/233/2010

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning disconnection of domestic electricity supply. The Court permitted the petitioner to pursue the statutory appeal remedy before the Dy. Chief Engineer and restored the connection upon payment of dues and fees pending the appeal.

What did the court decide?

Petitioner permitted statutory remedy; connection restored upon payment of 50% dues and fees; appeal to be heard within two months.

K.a.Salim Vs the Asst.Exe.Engineer, K.S.E.B — Consumer Protection | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931

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WP(C).No. 233 of 2010(D)

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

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PETITIONER:

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K.A. SALIM, KANJIRATHINGAL HOUSE, FRIENDSHIP ROAD, ALUVA-1.

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BY ADV. SRI.T.H.ABDUL AZEEZ

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RESPONDENTS:

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THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ALUVA NORTH.

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THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ALUVA BRANCH.

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R1 & R2 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON, J.

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W.P.(C) No. 233 OF 2010

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......................................................................... Dated this the 7^th January, 2010

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J U D G M E N T

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The grievance of the petitioner is that the respondents have purposefully disconnected the domestic connection to the residential building of the petitioner, which has been given on rent to a tenant, stating that the premises were being used as a 'Godown'. The learned Counsel for the petitioner submits that, at no point of time, was it intended or used as a 'Godown' and that the building was let out to the party concerned only for the purpose of 'residence' as revealed from Ext P1 rent deed. The learned Counsel also submits that the petitioner is ready and willing to have the premises inspected at any time by the respondents, to ascertain the true state of affairs.

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The learned Standing Counsel for the respondents, on instruction, submits that after issuing the provisional bill, the matter was finalised by passing the final assessment order,

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W.P.(C) No. 233 OF 2010

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whereby the liability of the petitioner has been fixed as Rs. 9782/-. The learned Standing Counsel also points out that the petitioner is very much having the statutory remedy of appeal by approaching the Dy. Chief Engineer and if any such appeal is filed paying the requisite charges/fees as specified, the matter will be looked into, on merits.

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The learned Counsel for the petitioner submits that the petitioner has never been served with a copy of the final assessment order. The learned Standing Counsel submits that the position will be ascertained and that if a copy of the same is not served, appropriate arrangements will be made to have it served forthwith . The learned Standing Counsel handed over a photocopy of the same to the learned Counsel for the petitioner today.

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In the above facts and circumstances, the Writ Petition is disposed of permitting the petitioner to avail the statutory remedy, as stated above. It is also made clear that if the petitioner pays 50% of the due amount as shown in the final assessment order (i.e. Rs.9782/-) along with the fees payable in

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W.P.(C) No. 233 OF 2010

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respect of the appeal and also the amount due under the regular bill, if any issued in the meanwhile, the connection of the petitioner shall be restored forthwith. If any appeal proceeding is filed as mentioned above within a period of two weeks, the same shall be considered on merits, of course, after giving an opportunity of hearing to the petitioner, in accordance with law as expeditiously as possible, at any, rate within two months from the date of receipt of a copy of the judgment.

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The Writ Petition is disposed of as above.

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P.R. RAMACHANDRA MENON, JUDGE.

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K.a.Salim v. the Asst.Exe.Engineer, K.S.E.B

Case brief

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K.a.Salim v. the Asst.Exe.Engineer, K.S.E.B

Case brief

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