Allowed

P. Muraleedharan. v. the Asst. Executive Engineer

Kerala HC23 Feb 2012WP(C)/4420/2012

Case brief

AI extract

What is this about?

The petitioner, having completed industrial unit construction and executed a minimum guarantee agreement, filed a writ petition when authorities stated the scheme had stopped. Citing a prior judgment, the court directed the competent authority to provide electricity connection if statutory requirements and fees are met within one month.

What did the court decide?

Direction to the competent authority to give electricity connection to the petitioner under the minimum guarantee agreement upon complying with statutory requirements and paying fees within one month.

P. Muraleedharan. Vs the Asst. Executive 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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THURSDAY, THE 23RD DAY OF FEBRUARY 2012/4TH PHALGUNA 1933

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WP(C).No. 4420 of 2012 (B)

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PETITIONER(S):

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P. MURALEEDHARAN S/O. THUPRAN, PERIKKATHRA HOUSE, THIRUVALI P.O.THIRUVALI, NILAMBUR TALUK MALAPPURAM DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENT(S):

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1. THE ASST. EXECUTIVE ENGINEER

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ELECTRICAL SUB DIVISION

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KERALA STATE ELECTRICITY BOARD, WANDOOR

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MALAPPURAM DISTRICT -679328.

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2. THE ASSISTANT ENGINEER

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ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD

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THIRUVALI-676123, MALAPPURAM DISTRICT.

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3. THE KERALA STATE ELECTRICITY BOARD

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VYDYUTHI BHAVAN, PATTOM

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THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY -695004.

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R1 TO R3 BY ADVS.SRI.JAICE JACOB,SC,KSEB

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

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LSN

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WP(C).No. 4420 of 2012 (B)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE MINIMUM GUARANTEE AGREEMENT DATED 28-072011 EXECUTED BY THE PETITIONER.

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EXHIBIT P2: TRUE COPY OF THE REPRESENTATION DATED 28-01-2012 TO THE MINISTER OF ELECTRICITY DEPARTMENT WITH ENGLISH TRANSLATION.

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EXHIBIT P3: TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 30-01-2012 WITH ENGLISH TRANSLATION.

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EXHIBIT P4: TRUE COPY OF THE ORDER DATED 23-01-2012 ISSUED BY THE ELECTRICITY REGULATORY COMMISSION.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE.

LSN

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.4420 OF 2012

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23^rd day of February, 2012

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JUDGMENT

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The petitioner has completed construction of small scale industrial unit named 'Megha Rubber Industries' at Tiruvali. The petitioner has executed Ext.P1, minimum guarantee agreement with the second respondent on 28-7-2011 for the purpose of providing electricity connection to the above unit. Grievance of the petitioner is that the first and second respondents now informed that they are not in a position to avail the benefit of minimum guaranee agreement of the petitioner, since the above scheme has stopped by the respondents from September 2011 onwards.

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Petitioner has filed 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 to quash Ext.P3 of the first respondent.

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(ii)issue a writ of mandamus or any other appropriate writ or direction directing the respondents to provide the benefit of the Ext.P1 minimum guarantee agreement as per Ext.P4 order of the Kerala Electricity Regulatory Commission, Thiruvananthapuram.

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(iii)issue a writ of mandamus or any other appropriate writ or direction directing the respondents to provide electricity connection to the Industrial Unit of the petitioner forthwith.

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W.P.(C)No.4420 OF 2012

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:: 2 ::

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Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the Board.

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I have perused the materials available on record and it is evident from Ext.P4 order dated 23-1-2012 that the Kerala State Electricity Regulatory Commission has already decided to extent the benefit of the minimum guarantee agreement to the consumers, who are signed the minimum guarantee agreement on or before 28-10-2011.

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Learned counsel for the petitioner, relying upon a judgment of this court, submits that this case is also covered by the judgment passed by this court in W.P.(C)34223/2011 dated 6^th February 2012. Keeping in view the decision in the aforesaid judgment, I dispose of this writ petition with a direction to the competent authority among the respondents to give electricity connection to the petitioner under the minimum guarantee agreement executed by the petitioner on his complying with the statutory requirements and paying the requisite fees and charges within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent.

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Writ petition is closed.

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B.P.RAY, JUDGE

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jes

P. Muraleedharan. v. the Asst. Executive Engineer

Case brief

What is this about?

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P. Muraleedharan. v. the Asst. Executive Engineer

Case brief

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