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Geroge Joseph v. Kerala State Electricity Board

Kerala HC20 Jan 2016WP(C)/661/2016

Case brief

AI extract

What is this about?

In a writ petition regarding disconnecting electricity connections, the High Court of Kerala directed the petitioner to pay the revised bill amount in two equal monthly installments. The court directed the restoration of electric supply upon payment of the first installment.

What did the court decide?

Petitioner directed to pay dues in two monthly installments; electricity supply to be restored upon payment of the first installment.

Geroge Joseph Vs Kerala State Electricity Board — 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.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937

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WP(C).No. 661 of 2016 (G)

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PETITIONER :

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GEORGE JOSEPH KANNITTAYIL, SAKTHIKULANGARA P.O., KOLLAM PIN-691 581.

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BY ADVS.SRI.JOHNSON GOMEZ

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SRI.ANIL ELGIN SRI.S.BIJU (KIZHAKKANELA) SRI.S.VINCENT SRI.S.JOSE SMT.SHEENAMOL VARGHESE

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RESPONDENTS :

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1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY THIS SECRETARY, VYTHUTHI BHAVAN, PATTAM THIRUVANANTHAPURAM, PIN-695 004.

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2. THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION SAKTHIKULANGARA P.O., KOLLAM, PIN-691 581.

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R1 & R2 BY ADVS. SRI.JAICE JACOB, SC SMT.P.K.RADHIKA, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 661 of 2016 (G)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1- A TRUE COPY OF THE BILL NO. NIL DATED 10-03-2015 FOR AN AMOUNT RS. 2,03.207/- ISSUED BY THE THIRD RESPONDENT.

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EXHIBIT P2A TRUE COPY OF THE LETTER DATED 10-03-2015 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER.

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EXHIBIT P3A TRUE COPY OF THE REPRESENTATION DATED 6-4-2015 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

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EXHIBIT P4A TRUE COPY OF THE ORDER DATED 24-08-2015 IN O.P. NO.1479 OF 2015 ISSUED BY THE CONSUMER GRIEVANCE REDRESSAL FORUM (SOUTH), KOTTARAKKARA.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 661 of 2016

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===================================================== Dated this the 20^th day of January, 2016

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JUDGMENT

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The grievance of the petitioner in the writ petition is for a direction to respondents to issue a revised bill pursuant to Ext.P4 order of the Consumer Grievances Redressal Forum, and to grant the petitioner installments to discharge the liability under the revised bill. When the matter was taken up for admission today, it is submitted by the learned Standing Counsel for the respondent Board that the revised bill pursuant to Ext.P4 order was served on the petitioner on 07.10.2015 and the amount in the revised bill is Rs.84,734/-. Counsel for the petitioner would submit that he would require some time to discharge the liability of Rs.84,734/-. He prays however, that the electricity connection, which is now disconnected may be reconnected in the meanwhile, pending payment of the aforesaid amount to the respondent Board.

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I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondent Board.

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On a consideration of the facts and circumstances of the

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-2-

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W.P.(C). No. 661 of 2016

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case as also the submissions made across the bar, and taking note of the plea of financial hardship urged on behalf of the petitioner, I direct that the petitioner shall pay the aforesaid amount of Rs.84,734/- together with accrued interest in two equal and successive monthly installments commencing from 15.02.2016. It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondent Board will be free to continue the recovery proceedings against him from the stage at which they presently stand. On the petitioner paying the first installment of Rs.42,367/either on 15.02.2016, or earlier, the respondent Board shall forthwith restore the electric supply to the premises of the petitioner.

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The writ petition is disposed as above.

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Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE

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das /20.01.2016

Geroge Joseph v. Kerala State Electricity Board

Case brief

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Geroge Joseph v. Kerala State Electricity Board

Case brief

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