Partly allowed

P.B.Abdul Salam v. the Kerala State Electricity Board

Kerala HC13 Feb 2012WA/206/2012

Case brief

AI extract

What is this about?

The High Court disposed of the writ appeals against the Single Judge's decision declining interference with an electricity bill dispute. It acknowledged the availability of a statutory appeal remedy but granted leave to appeal from the High Court, conditioned on the appellant remitting 50% of the demand and filing the appeal within one month.

What did the court decide?

Condition to remit 50% of the bill and file appeal within one month granted; recovery to continue thereafter if condition fails.

P.B.Abdul Salam Vs the Kerala State Electricity Board — Banking and Recovery | Kerala HC (2012)

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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 C.N.RAMACHANDRAN NAIR & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 13TH DAY OF FEBRUARY 2012/24TH MAGHA 1933

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WA.No. 206 of 2012 () IN WPC/31571/2011 ---------------------------------------AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.31571/2011 DATED 25-01-2012

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APPELLANT(S):

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P.B.ABDUL SALAM

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PERUMBADAN HOUSE, CHOWARA, ALUVA ERNAKULAM.

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BY ADVS.SRI.B.S. SWATHY KUMAR SMT.P.V. SOBHANA

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RESPONDENT(S):

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THE KERALA STATE ELECTRICITY BOARD

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VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM

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REPRESENTED BY ITS CHAIRMAN-695001.

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THE DISTRICT COLLECTOR ERNAKULAM-682020.

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THE DEPUTY TAHSILDAR

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REVENUE RECOVERY, ALUVA-683101.

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R BY GOVERNMENT PLEADER GEORGE MECHERIL

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R BY SMT.P.K.RADHIKA-KSEB

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13-02-2012, ALONG WITH W.A.NO.213/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N. RAMACHANDRAN NAIR &

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BABU MATHEW P. JOSEPH, JJ.

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W.A. Nos.206 & 213 of 2012

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Dated this 13^th day of February, 2012

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JUDGMENT

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Ramachandran Nair. J:

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These Writ Appeals are filed against the judgment of the learned Single Judge declining to interfere with the electricity bill for the reason that appellant has other laternative remedy under the statute by way of appeal against disputed bills.

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At the admission stage, learned Standing Counsel

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for the Kerala State Electricity Board appeared and, by referring to the photographs produced, she contended that the appellant has taken direct connection from the line by using PVC pipes and

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it is a case of theft of power for which even prosecution is launched. We do not think, there is any scope for interference in the matter. Appellant can raise all his contentions before the statutory authority, namely, the Deputy Chief Engineer, by way

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W.A. Nos.206 & 213/2012 2

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of appeal. However, we feel that the delay in filing the appeal will be condoned on condition of remitting 50% of the total demand and filing appeal within one month from now, failing which recovery can be continued after one month.

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Writ Appeal are disposed of as above.

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Sd/-

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C.N. RAMACHANDRAN NAIR, JUDGE

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Sd/-

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BABU MATHEW P. JOSEPH, JUDGE.

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krs.

P.B.Abdul Salam v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

P.B.Abdul Salam v. the Kerala State Electricity Board

Case brief

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What did the court decide?

What the court decided

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