The court disposed of a review petition challenging a writ order that allowed a consumer to pay a disputed electricity bill in installments after making an initial partial payment, dismissing the claim that the interest waiver was erroneous.
Review petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937
RP.No. 594 of 2015 (P) IN WP(C).14349/2014 --------------------------------------------
AGAINST THE JUDGMENT IN WP(C) 14349/2014 of HIGH COURT OF KERALA DATED 9.7.2014
REVIEW PETITIONERS/RESPONDENT 1,2& 3:
1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
2. SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD,
VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
3. ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KANJIKODE, PALAKKAD.
BY ADV. SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD.
RESPONDENT/PETITIONER:
RANA THOMAS, AGE 45 S/O. LATE P.D.THOMAS, PUTHUPARAMBIL HOUSE, 31ST MILE, MUNDAKKAYAM P.O. PIN--686513.
R1 BY SMT.P.K.PRIYA
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 17-122015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AL/-
C.K.ABDUL REHIM, J.
- - - - - - - - - - - - - - - - - - - - - R.P.No.594 of 2015
in
W.P.(C) No.14349 of 2014
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Dated this the 17th day of December, 2015
O R D E R
By virtue of the judgment in the writ petition this Court had permitted the writ petitioner to pay the balance amount due under Ext.P3 demand, after payment of Rs.12 lakhs, in three equal monthly installments, starting from 31.7.2014 onwards. In this regard Indulgence was shown on taking note of the fact that, by virtue of an interim order passed earlier the petitioner was directed to make payment of a sum of Rs.12 lakh and it was paid by him, and that the electric connection was restored.
R.P.No. 594 of 2015 :2:
prevailing. Even though statute insist upon payment of interest, this Court has got power to order waiver of the interest, under exceptional circumstances, taking note of the situation prevailing and on the basis of the contentions raised.
Hence, merely because the Board is entitled to realise the amount of interest on belated payments, it is not powerless for this Court to order such waiver. Since the relief granted in the judgment is one given in exercise of such discretionary power, there is no error apparent on the face of the record nor there is any factual mistake which will entitle the Board to maintain a review petition.
Accordingly, review petition fails and is hereby dismissed.
Sd/-
C.K.Abdul Rehim, Judge
al/-
True copy
P.S to Judge
1 issue framed by the court
Whether the review petition is maintainable when the relief was granted in exercise of the court's discretionary jurisdiction to allow installment payment despite statutory interest provisions.
1 provisions across 1 enactments
State of Kerala Represented by the Secretary, Kerala State Electricity Board
Rana Thomas
C.K.Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
