Allowed

Joseph Jacob v. Kerala State Electricity Board and Ors.

Kerala HC14 Jun 2016WP(C)/8214/2009

Case brief

AI extract

What is this about?

The High Court of Kerala directed the State of Kerala (Respondent 3) to consider the petitioner's appeal filed against an order dated 25.09.2006 within three months. The Court also ordered Respondents 1 and 2 to disburse all admitted unpaid dues to the petitioner for construction work within two months.

What did the court decide?

Directed Respondent 3 to consider the petitioner's appeal within 3 months and Respondents 1 & 2 to disburse admitted unpaid amounts within 2 months.

Joseph Jacob Vs Kerala State Electricity Board and Ors. — Property and Title | 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938

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WP(C).No. 8214 of 2009 (V)

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PETITIONER :

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JOSEPH JACOB, MUNDACKAL HOUSE, PINDIMANA P.O., KOTHAMANGALAM.

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BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN

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RESPONDENT(S) :

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

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2. THE CHIEF ENGINEER (TRANSMISSION), KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM.

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3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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R1 & R2 BY ADVS. SRI.T.R.RAJAN, SC

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SRI.P.P.THAJUDEEN, SC

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R3 BY GOVT. PLEADER SRI. ALOYSIUS THOMAS

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 8214 of 2009 (V)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1	: PHOTOCOPY OF THE WORK ORDER NO. T2(B) 756/85 DATED 23-8-1995 ISSUED TO THE PETITIONER BY THE BOARD.
EXT.P2	PHOTOCOPY OF THE LETTER NO. T2(B) 756/85/265 DATED 10-7-2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXT.P3	PHOTOCOPY OF THE LETTER NO. DB3/2002-03/TRIVENI DATED 25-4-2002 OF THE ASSISTANT ENGINEER SUBDIVISION, PUMBA.
EXT.P4	PHOTOCOPY OF THE RELEVANT EXTRACT OF THE REVISED ESTIMATE DATED 27-6-2002 (WITHOUT SCHEDULES).
EXT.P5	PHOTOCOPY OF THE NOTE NO. T2(B)/756/85/434/916 DATED 30-11-2001 SUBMITTED BY THE DEPUTY CHIEF ENGINEER (TRANSMISSION- SOUTH) TO THE CHAIRMAN OF THE BOARD.
EXT.P6	PHOTOCOPY OF THE RELEVANT EXTRACT OF THE CC BILL NO. 1/2002-03 DATED 30-5-2002 SUBMITTED BY THE PETITIONER BEFORE THE BOARD.
EXT.P7	PHOTOCOPY OF THE MINUTES OF THE MEETING OF THE OFFICIALS OF THE BOARD HELD ON 4-9-2002.
EXT.P8	PHOTOCOPY OF THE CC NILL NO. 2/2002-03 DATED 23-9-2002 SUBMITTED BY THE PETITIONER BEFORE THE BOARD.
EXT.P9	PHOTOCOPY OF THE LETTER NO. PST/2003-04/316 DATED 5-2-2003 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P10	PHOTOCOPY OF THE ORDER NO. B.O.(FM)NO. 770/2005 (TCI/SS/144/93) DATED 10-3-2005 ISSUED BY THE IST RESPONDENT BOARD.
EXT.P11	PHOTOCOPY OF THE JUDGMENT DATED 28-6-2006 OF THIS HONBLE COURT IN OP NO. 7605/2003.

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(Contd...)

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WP(C).No. 8214 of 2009 (V)

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EXT.P12 PHOTOCOPY OF THE SUPPLEMENTARY REPRESENTATION DATED 11-7-2006 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXT.P13 PHOTOCOPY OF THE ORDER NO. T2(B) 756/85/638 DATED 25-9-2006 ISSUED BY THE 2ND RESPONDENT.

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EXT.P14 THE APPEAL DATED 4-1-2007 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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EXT.P15 THE PHOTOCOPY OF THE RECEIPT DATED 15-1-2007 ISSUED BY THE POSTAL DEPARTMENT IN RESPECT OF THE DESPATCH OF EXT.P14 TO THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

ANU SIVARAMAN, J.

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= = = = = = = = = = = = = W.P.(C).No.8214 of 2009

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= = = = = = = = = = = = = = Dated this the 14^th day of June, 2016

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JUDGMENT

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The prayer in this writ petition is for a direction to the 3^rd respondent to consider and pass orders on Ext.P14 within a time frame. There is a further prayer to disburse the unpaid amounts due in respect of the work of construction of 66KV double circuit line from Pamba Sub-station to Sabarimala.

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 1^st respondent Board.

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It is submitted by the learned counsel for the petitioner that Ext.P14 is remaining unanswered with the 3^rd respondent. In the above circumstances, this writ petition is disposed of directing the 3^rd respondent to take up and consider Ext.P14 appeal preferred by the petitioner against the order issued by the 2^nd respondent dated 25.09.2006 and pass orders thereon within a period of three months from the date of receipt of a

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W.P.(C).No.8214/09

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copy of this judgment. In the meanwhile, respondents 1 and 2 shall ensure that all admitted amounts remaining unpaid to the petitioner shall be disbursed within a period of two months from the date of receipt of a copy of this judgment.

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sd/- Anu Sivaraman, Judge

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sj15/6

Joseph Jacob v. Kerala State Electricity Board and Ors.

Case brief

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Joseph Jacob v. Kerala State Electricity Board and Ors.

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