Mohammed Ali v. K.S.E.B
Case brief
What is this about?
Petitioner challenged ATPS penal charges levied for defective capacitor. Court held board must give reasonable time for rectification after reporting defect. Peal bill without notice quashed; excess amount to be refunded.
What did the court decide?
Penal bill quashed; excess amount to be recalculated and refunded within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933
WP(C).No. 3209 of 2006 (F)
PETITIONER:
B.MOHAMMED ALI, AGED 52 YEARS, S/O.LATE C.K.BAVA, MANAGING DIRECTOR MALAMPUZHA STEEL ROLLING MILL PVT. LTD., OLAVAKKOD, PALAKKAD.
BY ADVS.SRI.SAJITH KUMAR V.
SRI.K.R.SUDHAKARAN PILLAI SMT.G.R.LEKSHMI
RESPONDENTS:
- KERALA STATE ELECTRICITY BOARD
- REPRESENTED BY ITS SECRETARY, PATTOM, TRIVANDRUM.
- THE DEPUTY CHIEF ENGINEER,
Issues for consideration
3 issues framed by the court
Whether the electricity board must give reasonable time and notice to rectify a defect before imposing penal charges.
Whether an ATPS penal bill issued without prior notice to rectify is sustainable.
Whether the excess penal amount paid by the petitioner should be refunded.
Parties & counsel
- petitioner
B. MOHAMMED ALI
- respondent
KERALA STATE ELECTRICITY BOARD
Coram
B.P. RAY
Case details
As recorded by the court registry
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