Quashed

E.C.Muhammed Haji v. the Kerala State Electricity Board

Kerala HC16 Feb 2012WP(C)/3970/2012

Case brief

AI extract

What is this about?

Petitioner aggrieved by penalty orders sought direction to accept 50% bill and refer matter to appellate authority. Court direction reviewed for admissibility of appeal with suspension of penalty recovery pending outcome.

What did the court decide?

Impugned orders P2 and P3 quashed. Direction to file appeal before 4th respondent within 3 weeks accepting 50% of bill amount with delay condonation and disposal within 2 months after hearing.

E.C.Muhammed Haji Vs the Kerala State Electricity Board — 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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THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933

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WP(C).No. 3970 of 2012 (U)

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PETITIONER:

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E.C.MUHAMMED HAJI, AGED 72 YEARS, S/O.AHAMED HAJI, EROCHALIL, P.O.PUTHUR VIA KODUVALLY,KOZHIKODE-673572

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BY ADV. SRI.JACOB ABRAHAM

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RESPONDENTS:

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1. THE KERALA STATE ELECTRICITY BOARD

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VIDHYUTHI BHAVAN, TRIVANDRUM-695001.

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2. THE ASSISTANT ENGINEER

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(ASSESSING OFFICER), ELECTRICAL SECTION, OMASSERY

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KOZHIKODE DIST-673586

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3. THE ANTI POWER THEFT SQUAD,

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THE KERALA STATE ELECTRICITY BOARD, MALAPPURAM-676505

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4. DEPUTY CHIEF ENGINEER,

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ELECTRICAL CIRCLE, KOZHIKODE-673586.

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R BY SRI.K.M.SATHYANATHA MENON,SC,KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3970 of 2012 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE JUDGMENT DATED 8/6/2011 OF THIS HONOURABLE COURT MADE IN W.P.C.NO14959/2011.

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P2: COPY OF THE ORDER UAE/CON.NO.1691-O/11-12/851 DATED, OMASSERY, 27/7/2011.

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P3: COPY OF THE LETTER DATED 20/1/12 BEARING NO.BB/APTS/2011-12/238 SENT BY THE 2ND RESPONDENT TO THE PETITIONER.

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.A TO JUDGE

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3970 of 2012

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 16^th day of February, 2012.

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J U D G M E N T

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Heard the learned counsel for the petitioner and the learned

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standing counsel for KSEB. Being aggrieved by Exts.P2 and P3 orders,

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the petitioner has approached this Court with the following prayers:

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“ i) issuing a writ of Certiorari or other appropriate writ order or direction declaring that exhibit P2 and P3 are illegal and are arbitrary further may quash them,

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ii) direct the respondents to hear and dispose of the appeal after accepting 50% of the fine amount from the petitioner. “

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Without expressing any opinion on the merits of the case, I

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dispose this writ petition with the direction that the petitioner shall prefer an appeal within three weeks from today before the 4^th respondent. If such an appeal is filed, after complying with the statutory requirements, the same shall be disposed by the 4^th respondent within two months, after accepting 50% of the bill amount from the petitioner and also affording an opportunity of being heard to

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the petitioner and other affected parties. The learned appellate authority shall condone the delay in filing such appeal.

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B.P.RAY, JUDGE

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E.C.Muhammed Haji v. the Kerala State Electricity Board

Case brief

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E.C.Muhammed Haji v. the Kerala State Electricity Board

Case brief

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