The court disposed of a writ petition challenging enhanced charges for using electricity poles. It held that existing contracts cannot be varied unilaterally retrospectively and payment for poles beyond the agreement requires a new pact.
Board to not demand enhanced rates under existing contracts; parties to enter agreement for additional poles.
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 A.M.SHAFFIQUE
TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938
WP(C).No. 24034 of 2016 (D) ----------------------------
PETITIONER(S):
1. SAJEESH P, S/O. UNNIKRISHNAN,PEE YES CABLE VISION, VANIAMKULAM, SHORNUR, PALAKKAD DISTRICT.
2. PAMPAVASAL.U, S/O. NARAYANAN, CABLE VISION PATHAMKULAM, VANIAMKULAM, PALAKKAD DISTRICT.
3. T.P.BALASUNDARAM, ARCHANA CABLE T.V. NETWORK, KOONALLARA, KAVALAPARA PO., PALAKKAD DISTRICT.
4. SASIDHARAN.K, SARATH CABLE VISION, MANNANUR, KAVALAPARA, PALAKKAD DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT(S):
1. KERALA STATE ELECTRICTY BORAD LTD, REPRESENTED BY ITS SECRETARY, VAIDYUDHI BHAVAN, THIRUVANANTHAPURAM-695004.
2. CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD., KOZHIKODE-673001.
3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LTD. SHORNUR-679122.
PJ
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WP(C).No. 24034 of 2016 (D)
4. ASSISTANT ENGINEER ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LTD. SHORNUR-679122.
5. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD., KOTHAKURSSI, SHORNUR-679122
6. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICTY BOARD LTD. ORRAPPALAM, PALAKKAD DISTRICT-679122.
7. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICTY BOARD LTD.,. VANIAMKULAM, PALAKKAD DIST-679522. BY SRI.JAICE JACOB,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 24034 of 2016 (D)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.M.SHAFFIQUE, J.
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W.P.(C) No.24034 of 2016
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Dated this the 19th day of July, 2016 J U D G M E N T
Petitioners claim to have entered into separate agreements with the Kerala State Electricity Board for drawing cables through electric poles of the Board. In addition to the number of poles which are permitted to be used, petitioners are also using certain additional poles. The grievance of the petitioners are two fold. First is that in respect of electric poles covered by separate agreements, the Board demands enhanced rate with retrospective effect which according to them cannot be done in terms of Clause 12 of the contract. The second grievance is that in respect of such poles where they do not have an agreement, demand is made from 2011 onwards based on an Adalath Award. I have already decided similar issues as per judgment dated 5.7.2016 in W.P.(C) No.16732/2016.
W.P.(C) No.24034/2016 - : 2 :-
(i) In respect of existing contracts, the Board shall not demand any amount more than the amount fixed under the agreement unless there is modification in terms of Clause 12 aforesaid and that too in advance.
(ii) In respect of the additional poles, it is for the parties to enter into an agreement and if the petitioners do not agree, Board has got the right to take appropriate action in accordance with law.
(iii) The right of the petitioners to agitate the disputed questions before a civil court is reserved.
Sd/-
A.M.Shaffique,
Judge
al/-
True copy
P.S to Judge
2 issues framed by the court
Whether the Board can demand enhanced rates retrospectively under existing contracts.
Whether the Board can demand payment for additional poles based on a Lok Adalat award without an agreement.
Colour shows how this judgement treated each authority
W.P.(C) No.16732/2016Referred¶49
Sajeesh P
Pampavasal U
T.P. Balasundaram
Sasidharan K
Kerala State Electricity Board Ltd
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
