Allowed

V.K.Pushkaran v. Asst. Engineer, K.S.E.B.

Kerala HC23 Jun 2016WP(C)/13922/2007

Case brief

AI extract

What is this about?

The High Court set aside an appellate order passed by the Deputy Chief Engineer regarding an electricity bill, directing the respondent to transfer the appeal to the competent Appellate Authority constituted as per Section 127 of the Electricity Act, 2003.

What did the court decide?

Set aside the impugned order; direct transfer of appeal to the competent authority constituted under Section 127 of the Electricity Act, 2003.

V.K.Pushkaran Vs Asst. Engineer, K.S.E.B. — Service and Employment | Kerala HC (2016)

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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 A.M.SHAFFIQUE

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THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

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WP(C).No. 13922 of 2007 (G)

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PETITIONER(S) :

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V.K.PUSHKARAN, MANAGING PARTNER, SOORYA RUBBERS, KAINOOR,THRISSUR.

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BY SRI.K.GOPALAKRISHNA KURUP (SENIOR ADVOCATE) ADV. SRI.ABHISHEK KURIAN

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RESPONDENT(S) :

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1. ASST. ENGINEER, K.S.E.B., PUTHUR DIVISION, VETTUKAD, THRISSUR.

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2. ASSISTANT EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL DIVISION, OLLUR, THRISSUR.

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3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, K.S.E.B., THRISSUR(E).

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4. DEPUTY CHIEF ENGINEER, K.S.E.B., ELECTRICAL CIRCLE, THRISSUR.

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5. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM.

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BY ADV. SRI.P.SANTHALINGAM, S.C, KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 13922 of 2007 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE NOTICE DATED 27.10.2006.

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EXHIBIT P2: TRUE COPY OF THE MAHAZAR DATED 27.01.2006 PREPARED BY SUB ENGINEER, PUTHUR ELECTRICAL SECTION, THRISSUR.

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EXHIBIT P3: TRUE COPY OF THE RE-ASSESSMENT BILL DATED NIL ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P4: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

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EXHIBIT P5: TRUE COPY OF THE JUDGMENT DATED 15.12.2006 IN W.P(C).NO. 33364/2006.

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EXHIBIT P6: TRUE COPY OF THE ORDER DATED 17.04.2007.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.13922 of 2007

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Dated this the 23^rd day of June 2016

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J U D G M E N T

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Petitioner challenges Ext.P6 inter alia contending that the authority who had heard the appeal was not a competent authority in terms with Section 127 of the Electricity Act, 2003 (hereinafter referred to as 'the Act'). It is contended that the Deputy Chief Engineer, who is competent to hear the appeal ought to be Deputy Chief Engineer in another circle other than the circle where the defect is noticed

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This is a case in which a direction had been issued by this Court in W.P.C.No.33364/2006, pursuant to which the impugned order had been passed. But, as rightly contended by the learned counsel for the petitioner, the appellant was an industrial consumer in the Electrical Section, Puthur which comes within the jurisdiction of the Deputy Chief Engineer, Electrical Section, Thrissur. Learned senior counsel also relied upon the judgment of this Court in Muhammed Haji v. Kerala State Electricity Board [2014(3) KLT 706] wherein the following directions were issued by a Division Bench of this Court confirming the aforesaid

W.P.C.No.13922/2007

view.

“13. Such being the case, the appointment of the Deputy Chief Engineers now effected by G.O.(P) No. 20/2014/P.D. dated 28.5.2014, cannot be upheld and the Government will have to make a fresh appointment satisfying the requirements of S.127 of the Appellate Authority Rules. Insofar as the order in R.P. No. 217 of 2012 relied on by the State is concerned, a reading of the order shows that Rule 3 of the Appellate Authority Rules was noticed by this Court when this order was passed. Therefore, the order being per incuriam, cannot be relied to sustain the designation of Deputy Chief Engineers as the Appellate Authority. Therefore, these Writ Petitions are disposed of with the following directions:

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1. The Government of Kerala shall appoint the Appellate Authority as contemplated under Section 127 of the Electricity Act, 2003 and the Appeal to the Appellate Authority Rules, 2004. This shall be done as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment.

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2. Once the Appellate Authority is so constituted, the appeals that are already filed by the writ petitioners and which are pending before the Deputy Chief Engineers, who were appointed by virtue of G.O.(P) No. 27/2012, shall be transferred to the Appellate

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W.P.C.No.13922/2007

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Authority and the Appellate Authority shall consider and decide those appeals on merits.

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3. Such of the writ petitioners who have not filed appeals against the orders of assessment under S.126 of the Act, shall file appeals as provided under Section 127 of the Electricity Act within one month of constitution of the Appellate Authority as directed above and if such appeals are filed, the same shall be dealt with on merits and disposed of accordingly.

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4. Except in the case of the writ petitioners in W.P.(C) No. 15560 of 2013, the remittances made by the other writ petitioners in compliance of the order passed by this Court will be given credit towards the requirement of S.127(2) of the Act and if there is any short fall in 50% required to be made good, the differential amount shall be remitted by the petitioners. Insofar as W.P.(C) No. 15560 of 2013 is concerned, his appeal will be entertained without insisting on any condition of pre- deposit.

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We clarify that we have not dealt with the merits of the contentions raised by the respective parties which are to be agitated and decided by the Appellate Authority and therefore, those contentions are left open.

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W.P.C.No.13922/2007

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14. These Writ Petitions are disposed of accordingly. However, we direct that the Government shall appoint the Appellate Authority in terms of the directions contained in this judgment and report compliance before this Court on or before 17.09.2014. It is clarified that subject to the above conditions, the stay orders passed by this Court will remain in force. Post on 17.9.2014.”

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Taking into consideration the aforesaid factual situation, I am of the view that this writ petition can be disposed of as under:

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i) Ext.P6 is set aside.

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ii) respondent shall transfer all the files relating to the appeal filed by the petitioner to the competent authority appointed under Section 127 of the Act.

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iii) The said authority shall consider and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

V.K.Pushkaran v. Asst. Engineer, K.S.E.B.

Case brief

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V.K.Pushkaran v. Asst. Engineer, K.S.E.B.

Case brief

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