Remanded

A.Sivasankaran v. K.S.E.B.

Kerala HC20 Dec 2011WP(C)/37378/2004

Case brief

AI extract

What is this about?

The Writ Bench examined a demand notice issued by the petitioner's electricity board without prior notice. It set aside the notice, directed the Assessing Authority to give proper notice and opportunity of hearing, and ordered that electricity connection not be disconnected during the proceedings.

What did the court decide?

Ext.P2 demand notice set aside; respondent No.2 to give proper notice, supply allegations, and permit petitioner to show cause within two weeks; electricity connection to remain undisturbed till dispo

A.Sivasankaran Vs K.S.E.B. — Service and Employment | Kerala HC (2011)

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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 B.P.RAY

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TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933

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WP(C).No. 37378 of 2004(Y)

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PETITIONER(S):

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

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A. SIVASANKARAN, S/O. LATE T.M.APPUNNI SREE GANESH ENGINEERING WORKS, VALLANGHY NENMARA, PALAKKAD DISTRICT.

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BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P

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RESPONDENT(S):

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

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1. KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REP. BY ITS SECRETARY.

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2. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, (ELECTRICAL SECTION), NENMARA, PALAKKAD DISTRICT.

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3. THE AUDITOR GENERAL, KERALA STATE ELECTRICITY BOARD, VIDYUTHY BHAVAN, THIRUVANANTHAPURAM.

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BY ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO R3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1TO R3 SRI. SANTHALINGAM, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37378 of 2004(Y)

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: COPY OF BILL ISSUED FOR MAY 2003 (NO. 37428) ISSUED BY 1ST RESPONDENT.

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P2: COPY OF COVERING LETTER DATED 13.12.2004 AND BILL DATED 13.12.2004 ISSUED BY RESPONDENTS.

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RESPONDENTS EXHIBITS:

NIL

/TRUE COPY/

PA TO JUDGE

B.P.RAY, J.

- - - - W.P.C. NO.37378 OF 2004

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- - - - Dated this the 20^th day of December, 2011

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J U D G M E N T

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Heard the learned counsel for the petitioner and learned Standing Counsel for the respondent. It appears that Ext.P2 demand was made without giving notice to the petitioner. The case of the petitioner is that the petitioner is regularly paying the electricity dues. But Ext. P2 demand notice was issued to the petitioner.

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Learned Standing Counsel for the KSEB submitted that based on audit objection, the said demand has been raised. Since the petitioner was not given an opportunity of hearing, I set aside Ext. P2 demand notice and remit matter to the respondent No. 2/Assessing authority. Respondent No.2/Assistant Engineer shall give proper notice to the petitioner and thereafter finalize the matter.

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W.P.C.No.37378/2004

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-2-

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Let the petitioner appear before respondent No.2 on 9^th of January, 2012 along with a copy of this judgment and the respondent No. 2 shall supply allegations alleged against the petitioner and permit the petitioner to show cause within two weeks from the date of supply of allegations. Thereafter, pass an appropriate order within three months from the date of appearance of the petitioner. Till the disposal of the proceedings, electricity connection shall not be disconnected. The petitioner shall go on paying current charges.

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Accordingly, the writ petition is disposed of .

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B.P. RAY, JUDGE.

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A.Sivasankaran v. K.S.E.B.

Case brief

What is this about?

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A.Sivasankaran v. K.S.E.B.

Case brief

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