Allowed

P.M.Hospital v. Kerala State Electricity Board

Kerala HC2 Mar 2012WP(C)/5220/2012

Case brief

AI extract

What is this about?

A bench of Hon'ble B.P. Ray, J. allowed the Writ Petition allowing the petitioner's appeal against the respondent to be entertained without insisting on a statutory deposit of half the assessed amount and directed disposal within two months.

What did the court decide?

Directed 4th respondent to dispose of petitioner's appeal within two months without insisting on statutory deposit.

P.M.Hospital Vs Kerala State Electricity Board — Kerala HC (2012) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE B.P.RAY

¶4

FRIDAY, THE 2ND DAY OF MARCH 2012/12TH PHALGUNA 1933

¶5

WP(C).No. 5220 of 2012 (B)

¶6

PETITIONER:

¶7

P.M.HOSPITAL

¶8

MAVELIKARA REP.BY DR.MATHEW PHILIP MANAGING PARTNER.

¶9

BY ADV. SRI.R.KRISHNA RAJ

¶10

RESPONDENTS:

¶11

KERALA STATE ELECTRICITY BOARD REP.BY ITS SECRETRY, VAIDYUTHI BHAVAN THIRUVANANTHAPURAM 695 001

¶12

THE EXECUTIVE ENGINEER,

¶13

ELECTRICAL DIVISION OFFICE, MAVELIKARA 690 101

¶14

ASST. EXECUTIVE ENGINEER,

¶15

ELECTRICAL MAJOR SECTION, MAVELIKARA 690 101

¶16

DEPUTY CHIEF ENGINEER

¶17

ELECTRICAL CIRCLE, ALAPPUZHA 688 001

¶18

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

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).No. 5220 of 2012 (B)

¶21

: 2 :

¶22

APPENDIX

¶23

PETITIONER'S EXHIBITS :

¶24

EXT.P1: COPY OF THE JUDGMENT IN AS 733/2000 DT 23/11/2011

¶25

EXT.P2: COPY OF THE LETTER OF THE RESPONDENT DT 18/1/2012

¶26

EXT.P3: COPY OF THE APPEAL FILED BY THE PETITIONER DT 2/1/2012

¶27

RESPONDENTS' EXHIBITS: NIL

¶28

B.P. RAY, J.

¶29

- - - - - - - - - - - - - - - - - W.P.(C) No.5220 of 2012

¶30

- - - - - - - - - - - - - - - -

¶31

Dated this the 2^nd day of March, 2012.

¶32

JUDGMENT

¶33

Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB, Shri. K.M. Sathyanatha Menon.

¶34

The petitioner has filed this writ petition with the following prayer:

¶35

Direct the 4^th respondent to consider Ext.P3 appeal by issuing a writ of mandamus or such other writ, order or direction.

¶36

The grievance of the petitioner is that the 4^th respondent is refusing to entertain the appeal filed by the petitioner as permitted by this Court vide judgment in A.S. No. 733 of 2000. Now the 4^th respondent is demanding an amount equal to half of the assessed amount as a condition precedent for maintaining the appeal. While disposing of the aforesaid appeal, this Court has passed the following judgment:

¶37

“However, it is only just and proper that the respondent in this appeal be given an opportunity to avail the statutory remedies for the redressal of his grievances and necessarily, he has to be given some time to avail of the statutory remedy. In the result, this appeal is allowed. The impugned judgment and decree are set aside subject to the condition that the plaintiff in the suit will be entitled to seek statutory remedies within one month from today and till the statutory appeal is disposed of, it is directed that the recovery on the basis of Ext.A1 shall not be resorted to. The LCR produced before this Court shall be returned forthwith.

¶38

W.P.(C) No. 5220/2012

¶39

: 2:

¶40

In view of the aforesaid judgment, the matter has attained finality and I direct that the appeal will be disposed of without insisting for statutory deposit, within two months from today after giving an opportunity of hearing to the petitioner.

¶41

This writ petition is disposed of as above.

¶42

sd/- B.P. RAY, JUDGE.

¶43

¶44

W.P.(C) No. 5220/2012

¶45

: 3:

¶46

B.P. RAY, J.

¶47

O.P.No. 13887 of 2002

¶48

Dated this the 12^th day of January, 2012.

¶49

JUDGMENT

P.M.Hospital v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

P.M.Hospital v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Dr.P.R.Jayasree Vs University of Calicut

M/S.Great Indian Holidays Private Limited Vs the Assessing Officer

Abraham P.Varghese Vs K.S.E.B Rep. by Its Secretary, & 3 Ors.

Highway Garden Drive in(P)Ltd. Vs Deputy Chief Engineer, Kseb

R. Babukuttan Vs Chairman and Managing Director

Kerala Cars Pvt.Ltd. Vs the Deputy Chief Engineer