Disposed

Georgekutty v.John v. the Kerala State Electricity Board

Kerala HC30 May 2016WP(C)/5383/2016

Case brief

AI extract

What is this about?

The High Court addressed a writ petition challenging demand notices for electricity arrears issued by the Kerala State Electricity Board. The Court held that the remedy lies in appeal under Section 127 of the Electricity Act but stayed the demand notices until the final order and appeal period expire.

What did the court decide?

Petitioner allowed liberty to appeal against the final order; demand notices kept in abeyance until receipt of final order and expiry of 15 days.

Georgekutty v.John Vs the Kerala State… — Civil Procedure and Limitation | 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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MONDAY, THE 30TH DAY OF MAY 2016/9TH JYAISHTA, 1938

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WP(C).No. 5383 of 2016 (W)

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PETITIONER(S) :

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GEORGEKUTTY V.JOHN, AGED 62 YEARS, S/O.VARKEY JOHN, VAZHAKKALAYIL HOUSE, MULAKKULAM SOUTH P.O., KOTTAYAM DISTRICT, CONSUMER NOS.11554520-15139, 26828, 26829 OF KALOOR ELECTRICAL SECTION.

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BY ADVS.SRI.MATHEW SKARIA

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SRI.K.J.JOSEMON SRI.TOMY PAUL MAMPILLY SRI.JOY JOSEPH (MUNDACKAL)

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RESPONDENT(S) :

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KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM -695 004.

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THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM -695 004.

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THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, ERNAKULAM, KOCHI - 682 018.

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THE EXECUTIVE ENGINEER, ELECTRICITY DIVISION, KERALA STATE ELECTRICITY BOARD, ERNAKULAM, KOCHI - 690 518.

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THE ASSISTANT ENGINEER, ELECTRICITY SECTION, KERALA STATE ELECTRICITY BOARD, KALOOR, KOCHI - 682 017.

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JAMESKURIAN, AGED 37 YEARS, S/O.ANTONY, KANAPPILLY HOUSE, NAYARAMBALAM P.O., PIN - 682 509.

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R1 TO R5 BY ADV. SRI.JAICE JACOB, S.C R6 BY ADV. SRI.BABU CHERUKARA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5383 of 2016 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1: PHOTOCOPY OF THE AGREEMENT FOR LEASE DATED 01.11.2014 EXECUTED BY THE PETITIONER AND HIS WIFE WITH MUTHALIB KARAYIL, K.P.ASHRAF AND MOHAMMAD ASHRAF.

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P2: PHOTOCOPY OF THE LETTER DATED 08.04.2015 GIVEN BY K.P.ASHRAF AND MOHAMMAD ASHRAF TO THE PETITIONER.

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P3: PHOTOCOPY OF THE PLAINT DATED 21.04.2015 IN O.S NO.598/2015 FILED BY THE 6TH RESPONDENT BEFORE THE MUNSIFF COURT, ERNAKULAM.

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P4: PHOTOCOPY OF THE ALLEGED SUB-TENANCY AGREEMENT DATED 01.03.2015 PRODUCED BY THE 6TH RESPONDENT IN O.S NO.598/2015.

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P5: PHOTOCOPY OF THE ORDER OF TEMPORARY INJUNCTION DATED 11.05.2015 OF THE DISTRICT COURT, ERNAKULAM (VACATION COURT) IN I.A.NO.2058/15 IN UN-NUMBERED O.S. OF 2015.

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P6: PHOTOCOPY OF THE COMPLAINT DATED 01.05.2015 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE BY THE PETITIONER.

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P7: PHOTOCOPY OF THE REQUEST DATED 27.07.2015 SUBMITTED BEFORE THE 6TH RESPONDENT BY THE PETITIONER.

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P8: PHOTOCOPY OF THE NOTICE DATED 31.12.2015 SERVED BY THE 5TH RESPONDENT TO THE PETITIONER ON 22.01.2016 UNDER SECTION 126 OF THE ELECTRICITY ACT.

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P9: PHOTOCOPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 25.01.2016.

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P10: PHOTOCOPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 28.01.2016.

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P11: PHOTOCOPY OF THE NOTICE DATED 03.02.2016 FOR RECOVERING ARREARS OF RS.80,362 AS ARREARS IN THE CONNECTION WITH CONSUMER NO.11554520 - 26829.

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P12: PHOTOCOPY OF THE NOTICE DATED 03.02.2016 FOR RECOVERING ARREARS OF RS.41,514/- AS ARREARS IN THE CONNECTION WITH CONSUMER NO.11554520-15139.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.M. SHAFFIQUE, J.

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============= W.P. (C) No. 5383 of 2016

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===================

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Dated this, the 30^th day of May, 2016

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J U D G M E N T

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Petitioner challenges Exts.P8, P11 and P12 by which provisional bill and notices have been issued against the petitioner alleging unauthorised use of electricity. According to the petitioner, he had filed an objection. But, without hearing and without taking further proceedings in the matter, demand notice has been issued in terms of Exts.P11 and P12.

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Learned Standing counsel appearing for the respondent submits that after objections were submitted by the petitioner, petitioner was heard on 16/2/2016.

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Be that as it may, if the petitioner is aggrieved by any final orders passed, the remedy of the petitioner is to file appeal under Section 127 of the Electricity Act, 2003.

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In the said circumstances, this writ petition is disposed of as under:

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(i) The petitioner is at liberty to prefer an appeal against the final order passed pursuant to Ext.P8.

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W.P(C) No.5383/16

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-:2:-

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(ii) Until receipt of the final order and expiry of 15 days thereof, Exts.P11 and P12 shall be kept in abeyance.

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Sd/-

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A.M. SHAFFIQUE, JUDGE

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Rp30/05/2016

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//True Copy//

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P.S to Judge

Georgekutty v.John v. the Kerala State Electricity Board

Case brief

What is this about?

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Georgekutty v.John v. the Kerala State Electricity Board

Case brief

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What did the court decide?

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