Disposed

M/S.Poabs Estate Private Limited v. the Sub Engineer & Others

Kerala HC9 Mar 2012WP(C)/14142/2007

Case brief

AI extract

What is this about?

The petitioner, an estate owner, filed a writ petition against the Kerala State Electricity Board and others for quashing electricity bills and demand notices. The court directed the fourth respondent to dispose of the pending appeal within a month.

What did the court decide?

Directed the fourth respondent to dispose of the appeal filed by the petitioner within one month

M/S.Poabs Estate Private Limited Vs the Sub Engineer… — Service and Employment | 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 B.P.RAY

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FRIDAY, THE 9TH DAY OF MARCH 2012/19TH PHALGUNA 1933

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WP(C).No. 14142 of 2007 (H)

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PETITIONER:

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M/S.POABS ESTATE PRIVATE LTD., SEETHARKUNDU P.O., NELLIYAMPATHY, PALAKKAD DISTRICT REP. BY ITS DIRECTOR, THOMAS JACOB.

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BY ADVS.SRI.N.JAMES KOSHY SRI.T.SANJAY

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RESPONDENTS:

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1. THE SUB ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD NELLIYAMPATHY, PALAKKAD DISTRICT.

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2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD PALAKKAD.

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3. THE CHAIRMAN,

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KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM PATTOM P.O., THIRUVANANTHAPURAM.

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4. THE ELECTRICITY OMBUDSMAN, KERALA STATE ELECTRICITY REGULATORY COMMISSION KPFC BHAVAN, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM THIRUVANANTHAPURAM-695010.

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BY ADV. SRI.T.R.RAJAN, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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STK

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WP(C).No. 14142 of 2007

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: TRUE PHOTOCOPIES OF THREE ELECTRICITY BILLS ISSUED IN RESPECT OF CONSUMER NUMBER 2205 FOR THE PERIOD FROM 3.3.2006 TO 15.07.2006.

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P2: TRUE PHOTOCOPIES OF THREE ELECTRICITY BILLS ISSUED IN RESPECT OF CONSUMER NUMBER 2206 FOR THE PERIOD FROM 3.3.2006 TO 15.07.2006.

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P3: TRUE PHOTOCOPIES OF THREE ELECTRICITY BILLS ISSUED IN RESPECT OF CONSUMER NUMBER 204 FOR THE PERIOD FROM 3.3.2006 TO 15.07.2006.

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P4: TRUE PHOTOCOPY OF THE BILL FOR RS.163350/- AND A STATEMENT ISSUED IN RESPECT OF CONSUMER NO.2205, DATED 9.8.2006.

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P5: TRUE PHOTOCOPY OF THE BILL FOR RS.4305/- AND A STATEMENT ISSUED IN RESPECT OF CONSUMER NO.2206, DATED 9.8.2006.

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P6: TRUE PHOTOCOPY OF THE BILL FOR RS.35490/- AND A STATEMENT ISSUED IN RESPECT OF CONSUMER NO.204, DATED 9.8.2006.

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P7: TRUE PHOTOCOPY OF THE APPEALS DATED 18.08.2006.

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P8: TRUE PHOTOCOPY OF THE RECEIPTS ISSUED BY THE KSEB DATED 24.08.2006 ACCEPTING 1/3RD OF THE DEMANDED AMOUNT.

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P9: A TRUE PHOTOCOPY OF THE STATEMENT OF ADDITIONAL GROUNDS SUBMITTED BEFORE THE 2ND RESPONDENT IN RESPECT OF CONSUMER NOS.2205, 2206 AND 204 DT. NIL.

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P10: A TRUE PHOTOCOPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 18.10.2006.

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P11: A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 01.11.2006.

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P12: A TRUE PHOTOCOPY OF THE APPEAL DATED 2.11.2006 SUBMITTED BEFORE THE 3RD RESPONDENT.

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P13: TRUE PHOTOCOPY OF THE DEMAND NOTICES DATED 16.04.2007 ISSUED BY THE 1ST RESPONDENT.

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P14: A TRUE PHOTOCOPY OF THE APPEAL DATED 23.04.2007 FILED BEFORE THE 4TH RESPONDENT.

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P15: A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24.04.2007.

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(...2)

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WP(C).No. 14142 of 2007

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:: 2 ::

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P16: A TRUE PHOTOCOPY OF THE REQUEST DATED 24.04.2007 INCLUDING THE RECEIPT ISSUED BY THE KSEB FOR THE PAYMENT OF DUES IN RESPECT OF CONSUMER NOS.2206 AND 204 DATED 25.04.2007.

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P17: A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE JUNIOR LIAISON OFFICER, COFFEE BOARD, PALAKKAD TO THE EFFECT THAT THE COFFEE PULPING SEASON STARTS ONLY IN NOVEMBER AND ENDS IN FEBRUARY, DATED 3.3.2006.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P A TO JUDGE

STK

B.P.RAY, J.

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Dated this the 9^th day of March, 2012

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JUDGMENT

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Heard learned counsel for the petitioner and the learned Standing

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Counsel appearing for the Board.

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This writ petition is filed with the following prayers:

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i) issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts.P4 to P6 bills, Ext.P10 order and Ext.P13 demand notices;

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ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the third respondent to consider and take a decision on Ext.P12 appeal, immeditely.

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iii) issue awrit of mandamus or any other appropriate writ, order or direction directing the fourth respondent to consider and take a decision on Ext.P14 appeal as expeditiously as possible.

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iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to disconnect the electricity supply granted to the petitioner under consumer No.2205 and/or reconnect electricity supply under consumer No.2205, till Exts.p12 and P14 are disposed of by respondents 3 and 4 respectively.

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Learned counsel for the petitioner submits that the petitioner has paid

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the entire amount on protest and prays for a direction to dispose of the appeal pending before the fourth respondent at the earliest.

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Considering the entire facts and circumstances of the case, respondent No.4 is directed to dispose of the appeal filed by the petitioner as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the petitioner. Writ petition is closed.

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B.P.RAY, JUDGE

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jes

M/S.Poabs Estate Private Limited v. the Sub Engineer & Others

Case brief

What is this about?

What did the court decide?

M/S.Poabs Estate Private Limited v. the Sub Engineer & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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