Dismissed

Unnikrishnan v. Assistant Engineer

Kerala HC3 Jan 2013WP(C)/229/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, allowing time for appeal, deferred the disconnection of the petitioner's electricity for two weeks. It directed the petitioner to pursue statutory appellate remedies against the provisional and final assessment orders. The court noted that claims under the voluntary disclosure scheme must be made within the appeal.

What did the court decide?

Electricity connection deferred from disconnection for two weeks pending appellate remedy.

Unnikrishnan Vs Assistant Engineer — Service and Employment | Kerala HC (2013)

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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 V.CHITAMBARESH

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THURSDAY, THE 3RD DAY OF JANUARY 2013/13TH POUSHA 1934

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WP(C).No. 229 of 2013 (C)

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PETITIONER(S):

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UNNIKRISHNAN SILVESTER INDUSTRIES DEPARTMENT PLOT ATHIRAMPUZHA

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BY ADV. SRI.V.N.SUNIL KUMAR

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RESPONDENT(S):

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ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB ATHIRAMPUZHA 686 562

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ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, KSEB ETTUMANOOR

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BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.229/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1	: COPY OF SITE MAHAZAR DATED 05.12.2012
EXHIBIT P2	: COPY OF PROVISIONAL ASSESSMENT ORDER
EXHIBIT P3	: COPY OF PROVISIONAL BILL DATED 07.02.2012.
EXHIBIT P4	: COPY OF OBJECTION DATED 12.12.2012 FILED BY THE PETITIOENR AGAINST THE PROVISIONAL ASSESSMENT ORDER.
EXHIBIT P5	: COPY OF FINAL ASSESSMENT ORDER
EXHIBIT P6	: COPY OF FINAL BILL DATED 21.12.2012.
EXHIBIT P7	: ORDER DATED 11.12.2012 REGARDING VOLUNTARY DISCLOSURE SCHEME.
EXHIBIT P8	: COPY OF REQUEST SUBMITTED BY THE PETITIONER FOR VOLUNTARY DISCLOSURE DATED 27.12.2012
EXHIBIT P9	: COPY OF REQUEST SUBMITTED BY THE PETITIONER SEEKING TIME DATED 27.12.2012.

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RESPONDENT(S) EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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WP(C) NO. 229 OF 2013

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Dated this the 3^rd day of January, 2013

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JUDGMENT

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Ext.P3 is the provisional bill issued to the petitioner for detection of alleged unauthorised load. Ext.P4 is the explanation submitted by the petitioner to the provisional bill. Ext.P5 order followed directing the petitioner to pay a sum of ` 73,124/(Rupees Seventy three thousand one hundred and twenty four only) on this count. Ext.P5 order as well as Ext.P6 final bill issued pursuant thereto are open to challenge in an appeal. An appeal lies to the Deputy Chief Engineer under Section 127 of the Electricity Act, 2003.

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I therefore relegate the petitioner to the appellate remedy wherein all the questions could be agitated. It is open to the petitioner to claim the benefit of the voluntary disclosure scheme as well in the appeal. The appellate authority can consider whether the benefit of the scheme could be extended to the petitioner or not. The electricity connection to the petitioner shall not be snapped for a period of two weeks from today. This

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WP(C) No. 229/2013

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is for the purpose of enabling the petitioner to work out his statutory remedy as above.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Unnikrishnan v. Assistant Engineer

Case brief

What is this about?

What did the court decide?

Unnikrishnan v. Assistant Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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