Quashed

Noushad v. the Kerala State Electricity Board

Kerala HC4 Mar 2015WP(C)/6746/2015

Case brief

AI extract

What is this about?

The court held the second respondent lacked jurisdiction to pass the challenged appellate order. The order was quashed, and the appeal was directed to the newly constituted appellate authority to be disposed of within six months.

What did the court decide?

The appellate order was quashed; the appeal is directed to a newly constituted appellate authority for disposal within six months.

Noushad Vs the Kerala State Electricity Board — Kerala HC (2015) — LawSathi Research

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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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WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936

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WP(C).No. 6746 of 2015 (P)

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PETITIONER(S):

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NOUSHAD, AGED 55 YEARS, S/O. SULAIMAN, RESIDING AT KOCHERIL KANJIRAMATTOM P.O., ERNAKULAM DISTRICT.

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BY ADVS.SRI.P.M.SAJITHA SMT.T.K.USHA RANI

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RESPONDENT(S):

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THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN THIRUVANANTHAPURAM-695 001.

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THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICITY CIRCLE PERUMBAVOOR-683 542.

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THE ASSISTANT ENGINEER ELECTRICAL SECTION, KSE BOARD, MULANTHURUTHY PIN-682 314.

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

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN W.P.(C) No.6746 OF 2015

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PETITIONER(S) EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE ELECTRICITY BILL OF THE PETITIONER FOR 28/11/2012

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EXHIBIT P1(a) : TRUE COPY OF THE ELECTRICITY BILL OF THE PETITIONER FOR 25/3/2013

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EXHIBIT P1(b) : TRUE COPY OF THE ELECTRICITY BILL OF THE PETITIONER FOR 28/5/2013

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EXHIBIT P1(c) : TRUE COPY OF THE ELECTRICITY BILL OF THE PETITIONER FOR 20/09/2013

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EXHIBIT P1(d) : TRUE COPY OF THE ELECTRICITY BILL OF THE PETITIONER FOR 29/07/2013

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EXHIBIT P1(e) : TRUE COPY OF THE ELECTRICITY BILL OF THE PETITIONER FOR 3/11/2013

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EXHIBIT P2 : TRUE COPY OF THE SITE MAHAZAR DATED 7/12/2013 PREAPRED BY THE THIRD RESPONDENT.

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EXHIBIT P3 : TRUE COPY OF THE PROVISIONAL ORDER ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 7/12/2013.

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EXHIBIT P4 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT DATED 9/12/2013.

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EXHIBIT P5 : TRUE COPY OF THE PROCEEDING OF THE HEARING CONDUCTED BY THE THIRD RESPONDENT TO THE PETITIONER DATED 16/1/2014.

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EXHIBIT P6 : TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 16/12/2013.

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EXHIBIT P7 : TRUE COPY OF THE ASSESSMENT ORDER NO.DB 38/1314/APTS/1-02/1/2014 PASSED BY THE THIRD RESPONDENT.

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EXHIBIT P8 : TRUE COPY OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY DATED 29/1/2014 (WITHOUT ANNEXURES)

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EXHIBIT P9 : TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 10/10/2014.

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EXHIBIT P10 : TRUE COPY OF THE BILL FOR 30TH JANUARY, 2014.

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EXHIBIT P10(a) : TRUE COPY OF THE BILL FOR 26TH MARCH, 2014.

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WP(C) 6746/2015 : 2 :

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EXHIBIT P10(b) : TRUE COPY OF THE BILL FOR 29TH MAY, 2014. EXHIBIT P10(c) : TRUE COPY OF THE BILL FOR 29TH JULY, 2014.

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EXHIBIT P10(d) : TRUE COPY OF THE BILL FOR 27TH SEPTEMBER, 2014.

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EXHIBIT P10(e) : TRUE COPY OF THE BILL FOR 27TH NOVEMBER, 2014.

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RESPONDENT(S) EXHIBITS

NIL.

//TRUE COPY//

P.S. TO JUDGE.

V.CHITAMBARESH, J. --------------------W.P (C) No.6746 of 2015 --------------------Dated this the 4^th day of March, 2015

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J U D G M E N T

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The second respondent obviously lacks jurisdiction to pass Ext.P9 appellate order. The same is quashed following Muhammed Haji v. Kerala State Electricity Board [2014 (3) KLT 706]. Ext.P8 appeal filed against Ext.P7 assessment order shall be forwarded to the newly constituted appellate authority. The newly constituted appellate authority shall dispose of the appeal within a period of six months.

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The petitioner shall produce a copy of

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this judgment with the writ petition before the second respondent and the newly constituted appellate authority for compliance.

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The Writ Petition is disposed of.

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Sd/V.CHITAMBARESH, Judge.

¶48

nj.

Noushad v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Noushad v. the Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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