Dismissed
P.A. Ninas v. Kerala State Electricity Board
Kerala HCWP(C)/5140/2013
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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
THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938
WP(C).No. 5140 of 2013 (N)
PETITIONER(S) :
P.A.JINAS,
MANAGING DIRECTOR, M/S.GALAXY HOMES (P) LTD., KOCHI- 682 035
BY ADVS. SRI.T.U.ZIYAD SRI.SUNIL V.MOHAMMED SMT.RAMEENA.P.K.
RESPONDENT(S) :
1. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN.
2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, ERNAKULAM - 682 018.
3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, ERNAKULAM - 682 018.
4. KERALA STATE ELECTRICITY REGULATORY COMMISSION KPFC BHAVAN, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010, REPRESENTED BY TIS CHAIRMAN.
R1 TO R3 BY SRI.P.SANTHALINGAM (SENIOR ADVOCATE) ADV. SRI.S.SHARAN, S.C
R4 BY ADV. SRI.S.SUJIN, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 5140 of 2013 (N)
APPENDIX
PETITIONER(S)' EXHIBITS :
| EXHIBIT-P8: | TRUE COPY OF THE INTIMATION LETTER DATED 25.02.2013 |
|---|---|
| SUBMITTED BEFORE 3RD RESPONDENT. | |
| EXHIBIT-P9: | TRUE COPY OF THE ORDER DATED 28.09.2011 IN |
| W.A.NO.1297/2011 OF THIS HON'BLE COURT. |
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
A.M. SHAFFIQUE, J.
=============== W.P. (C) No. 5140 of 2013
==================
Dated this, the 7th day of July, 2016
J U D G M E N T
This writ petition is filed challenging Ext.P2 and for a declaration that the demand for development charges including the cost of transformer cannot be levied by the Electricity Board.
Accordingly, this writ petition is closed. However, it is made clear that if a different view is taken by the Apex Court, it shall be
W.P(C) No.5140/13
-:2:-
open for the petitioner to make appropriate claim at the relevant
time.
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp7/07/2016
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the writ petition can be decided given the pending appeal in the Apex Court on the same issue decided against the petitioner.
P.A. Jinas
M/s. Galaxy Homes (P) Ltd.
Kerala State Electricity Board
Kerala State Electricity Regulatory Commission
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court