Disposed

Lions Club of Muvattupuzha v. K.S.E.B.

Kerala HC7 Mar 2012WP(C)/5533/2005

Case brief

AI extract

What is this about?

In this writ petition, the Lions Club of Muvattupuzha challenged the electricity tariff charged at LT VII A instead of the lower LT VI B category. The court directed the respondents to reconsider the matter, adhere to the previous change order (Ext.P2), and adjust excess payments within three months.

What did the court decide?

Respondents directed to reconsider the tariff matter in light of Ext.P2 and adjust excess payments within three months.

Lions Club of Muvattupuzha Vs K.S.E.B. — 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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WEDNESDAY, THE 7TH DAY OF MARCH 2012/17TH PHALGUNA 1933

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WP(C).No. 5533 of 2005 (H)

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PETITIONER(S) :

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LIONS CLUB OF MUVATTUPUZHA, LIONS CLUB ROAD, MUVATTUPUZHA, REP. BY ITS SECRETARY, ADV. THOMAS ADIKARAM.

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BY ADVS.SRI.P.FAZIL SRI.P.T.ARUNKUMAR

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RESPONDENT(S) :

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1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

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2. THE EXECUTIVE ENGINEER, ELECTRICITY DIVISION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA.

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R1 TO R3 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB BY ADV. SRI.P.SANTHALINGAM, (SR.) SC FOR KSEB BY ADV. SRI.S.SHARAN,SC,K.S.E.BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AMV

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WP(C).No. 5533 of 2005 (H)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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P1. : COPY OF THE APPLICATION DATED 16.07.2004 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P2. : COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 11.10.2004.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A.TO JUDGE

AMV

B.P.RAY, J.

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W.P.(C)No.5533 OF 2005

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Dated this the 7^th day of March, 2012

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JUDGMENT

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Petitioner has filed this writ petition with the following prayers:

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(i)call for the entire records relating to Ext.P2 order relating to the Electricity Consumer No.12018 of the petitioner.

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(ii)Issue a writ of mandamus or such other writ, order or direction commanding the respondents 1 to 3 to extend the benefit of change of tariff of the petitioner from LT VII A to LT VI B and to adjust the excess amount collected from the future bills of the petitioner.

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(iii)To grand such other reliefs as this honourable court may deem fit and proper in the facts and circumstances of the case.

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(iv)To award to the petitioner the cost of these proceedings.

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Petitioner is a social and charitable organisation committed to the welfare of the society and to help the deserving and needy. Grievance of the petitioner is that being a social organisation, petitioner is liable to be charged under the category LT VIB. But the petitioner was charged under LT VII A which is on the higher side. Petitioner filed Ext.P1 application and the second respondent passed Ext.P2 order by which the change of tariff was allowed. But the benefit of change of tariff was given effect from 9/04 only and the same was not extended from February 1998 onwards.

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W.P.(C)No.5533 OF 2005

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:: 2 ::

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Learned Standing Counsel appearing for the Board submits that the Board will re-look into the matter and pass appropriate orders in the light of Ext.P2 and adjust the excess payment, if any, made by the petitioner towards its future bills.

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In the above facts and circumstances of the case, respondents are directed to reconsider the matter, keeping in view Ext.P2 order, and pass appropriate orders at the earliest. The entire exercise shall be concluded within three months from the date of receipt of a copy of this judgment.

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With the aforesaid direction, writ petition is closed.

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B.P.RAY, JUDGE

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jes

Lions Club of Muvattupuzha v. K.S.E.B.

Case brief

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Lions Club of Muvattupuzha v. K.S.E.B.

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