Disposed

Muraleedharan v. the Assistant Engineer (Electrical Section)

Kerala HC23 Feb 2012WP(C)/857/2012

Case brief

AI extract

What is this about?

In a short order, the High Court directed the respondents to transfer an electricity service connection to the petitioner based on the petitioner's undertaking that he would abide by the pendency of a related appeal and pay any final liability.

What did the court decide?

Directing the respondents to transfer Consumer No. 2309 into the petitioner's name within two months of receipt of this judgment.

Muraleedharan Vs the Assistant Engineer (Electrical… — Consumer Protection | 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. 857 of 2012 (F)

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PETITIONER(S):

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MURALEEDHARAN S/O.T.P.KUTTIKRISHNAN, MANAGING PARTNER MORRIS ICE PLANT, KRISHNA SADHAN,MAIN ROAD KOILANDY 673 305

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BY ADVS.SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR

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RESPONDENT(S):

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1. THE ASSISTANT ENGINEER (ELECTRICAL SECTION) THE ASSISTANT ENGINEER(ELECTRICAL SECTION) KOILANDY NORTH KOZHIKODE 673 305

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2. DEPUTY CHIEF ENGINEER, ANTI POWER THEFT SQUAD, VIDHYUTHI BHAVAN GANDHI ROAD,VELLAYIL KOZHIKODE 673 001.

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3. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM 695 001

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BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB BY 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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WP(C).No. 857 of 2012 (F)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXT.P1:	COPY OF THE CURRENT TRADE LICENSE IN RESPECT OF THE ICE PLANT DATED 02.10.2011 IN THE PETITIONER'S NAME
EXT.P2:	COPY OF THE SITE MAHAZAR DATED 14.03.2003 OF THE 1ST RESPONDENT
EXT.P3:	COPY OF THE ADDITIONAL BILL FOR RS.1,45,063/- DATED 08.04.2003 RAISED BY THE 1 ST RESPONDENT PURSUANT TO EXT.P2
EXT.P4:	COPY OF THE APPEAL DATED 04.04.2003 BEFORE THE 2ND RESPONDENT AGAINST EXT.P3
EXT.P5:	COPY OF THE JUDGEMENT DATED 08.04.2003 IN WP(C).NO 12295/2003 OF THIS HO'BLE COURT
EXT.P6:	COPY OF THE JUDGEMENT DATED 24.05.2010 IN SA.NO.91/1996 OF THIS HON'BLE COURT
EXT.P7:	COPY OF THE AGREEMENT AND DECLARATION FOR TRANSFER OF SERVICE CONNECTION IN THE PETITIONER'S NAME

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RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

PA TO JUDGE

B.P.RAY, J.

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W.P.(C)No.857 OF 2012

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Dated this the 23^rd day of February, 2012

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JUDGMENT

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Heard learned counsel for the parties and perused the materials available on record.

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Petitioner has filed this writ petition with the following prayers:

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a) call for the records leading to Ext.P2 and P3 by a writ of certiorari or any other appropriate writ, order or direction and quash the same as arbitrary, illegal and unjustified;

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b) declare that Ext.P3 additional bill is arbitrary, ultravirus, raised in violation of principles of natural justice, illegal, unsustainable and ab initio void.

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c) declare that the respondents are not justified for their refusal to transfer the service connection in the petitioner's name in the light of Ext.P7, even on assuming any subsistence of liability pursuant to Ext.P3.

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d) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to transfer consumer No.2309 in the name of the petitioner in the light of Ext.P7 agreement and undertaking.

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Learned Standing Counsel appearing for the respondent/ electricity Board fairly submits that the transfer will be effected without any further delay. It is also submitted that a disputed arrear bill is pending against the petitioner and the petitioner has filed an appeal against this and the same is pending consideration before the second respondent.

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W.P.(C)No.857 OF 2012

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:: 2 ::

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Learned counsel for the petitioner undertakes on behalf of the petitioner that the petitioner will abide by the result of the appeal and if the petitioner is liable to pay the amount he shall pay the amount subject to the result of the appeal. Petitioner also undertakes to cure the defect noted in the application for transfer within a period of one month from today.

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In view of such undertakings, I direct the respondents to transfer connection bearing Consumer No.2309 in the name of the petitioner in the light of Ext.P7 agreement and undertaking. The entire exercise be completed within a period of two months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of.

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B.P.RAY, JUDGE

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jes

Muraleedharan v. the Assistant Engineer (Electrical Section)

Case brief

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Muraleedharan v. the Assistant Engineer (Electrical Section)

Case brief

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