Single Judge dismissed two writ petitions challenging a levy of supervision and development charges. Relying on a Division Bench judgment that validated such charges, the court held petitioners were not entitled to the relief sought.
The writ petitions were dismissed with no direction granted.
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 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938
WP(C).No. 6344 of 2013 (P)
PETITIONER:
ELDHO EALIAS, S/O.K.A. ELIAS, KIZHAKADATHU, THENGODE P.O., ERNAKULAM-682 030.
BY ADVS.SRI.T.U.ZIYAD, SRI.SUNIL V.MOHAMMED, SMT.RAMEENA.P.K.
RESPONDENTS:
1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS CHAIRMAN,
2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, ERALA STATE ELECTRICITY BOARD, ERNAKULAM-682 018.
3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, ERNAKULAM-682 018.
4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, ERNAKULAM-682 018.
5. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVAN, C.V. RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010, REPRESENTED BY ITS CHAIRMAN.
R1 TO R4 BY SRI.P.SANTHALINGAM, SENIOR SC,
ADVS. SRI.S.SHARAN,
SRI.SAJEEVKUMAR K.GOPAL, SC.
R5 BY ADVS. SRI.S.SUJIN, SC.
SRI.ANEESH JAMES.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-05-2016, ALONG WITH WP(C).NO.8104 OF 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 6344 of 2013 (P)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE SAID APPLICATION DATED 28/11/2012 SUBMITTED BEFORE THE 4TH RESPONDENT.
EXT.P4 COPY OF THE LETTER DATED 27/04/2011 OF THE 5TH RESPONDENT. EXT.P5 COPY OF THE INTERIM ORDER DATED 23/01/2013 IN WP(C).NO.2275/2013.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.Nos.6344 & 8104 of 2013
Dated this the 24th day of May 2016
J U D G M E N T
It is submitted by the learned counsel for the petitioners that the issue involved in these cases is with reference to the challenge against the demand of supervision charges and development charges.
“For all these reasons, we are unable to sustain the conclusion of the learned Single Judge that the appellants are not entitled to realize transmission side development charges. In that view of the matter we dispose of these appeals setting aside the judgment of the learned Single
W.P.C.Nos.6344 & 8104 of 2013
Judge to the extent levy and collection of transmission side development charges are held illegal. Those among the appellants who have not so far paid the amounts demanded by the Board, are allowed two months time from the date of receipt of a copy of this judgment to pay the amounts due from them.”
Having regard to the aforesaid law laid down by the Division Bench, I do not think that the petitioners in these cases are entitled for any direction, as sought for in the writ petitions. Hence these writ petitions are dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
True Copy PA to Judge
1 issue framed by the court
Whether the petitioners seeking supervisory charges are entitled to directions to refund amounts in light of the Division Bench judgment
Colour shows how this judgement treated each authority
W.A.No.990/2013 dated 30/06/2014Relied on¶37
Eldho alias S/o K.A. Elias
Kerala State Electricity Board
Assistant Engineer, Electrical Section, Kerala State Electricity Board
Deputy Chief Engineer, Electrical Circle, Kerala State Electricity Board
Executive Engineer, Electrical Division, Kerala State Electricity Board
Kerala State Electricity Regulatory Commission
A.M. Shaiffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
