High Court directed Kerala State Electricity Board to restore electric supply to petitioner upon payment of Rs.85,058/- covering fixed charges and meter rent, distinguishing between reconnection and fresh connection costs.
Directed 2nd respondent to restore electric supply within one month of receipt of Rs.85,058/- paid by petitioner.
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.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939
WP(C).No. 2950 of 2017 (P)
PETITIONER(S):
N.SURESH, S/O NARAYANAN, AGED 44 YEARS, MANAGING PARTNER, MALAYIL GRANITES, VELLAYAM KULAMBU, CHITHALI, PALAKKAD.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S):
1. THE KERALA STATE ELECTRICITY BOARD(KSEB) LTD, VAIDYUTHI BHAVAN, PATTOM, TRIVANDRUM- 695 004, REP. BY ITS SECRETARY.
2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KEALA STATE ELECTRICITY BOARD (KSEB) LTD, CHITTUR, PALAKKAD- 678 657.
3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, ALATHUR, PALAKKAD- 678 706.
4. THE ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, ALATHUR, PALAKKAD - 678 706
R1 TO R4 BY ADVS. SRI.SUDHEER GANESH KUMAR R., SC SRI.P.A.AHAMED, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 2950 of 2017 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1:- TRUE COPY OF THE REQUEST FOR RECONNECTION DATED JUNE 20, 2016 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENT(S)' EXHIBITS
EXHIBIT R1 A :- A COPY OF THE DEMAND CUM DISCONNECTION NOTICE DATED 03.10.2015.
EXHIBIT R1 B:- THE COPY OF THE RELEVANT PAGE NO.OF THE DISCONNECTION REGISTER.
EXHIBIT R1 C:- A COPY OF THE DISMANTLING NOTICE DATED 01.12.2015.
EXHIBIT R1 D:- A COPY OF THE BILL DATED 04.12.2015.
EXHIBIT R1 E:- A COPY OF THE RELEVANT PAGE OF THE DISMANTLING REGISTER.
EXHIBIT R1 F:- A COPY OF THE ESTIMATE FOR RS.6,076/-.
EXHIBIT R1 G:- A COPY OF THE RELEVANT PAGE OF THE AREAR NOTICE ISSUING REGISTER.
/TRUE COPY/
PS TO JUDGE
TS
A.K.JAYASANKARAN NAMBIAR, J.
.............................................................
W.P.(C).No.2950 Of 2017 ............................................................. Dated this the 3rd day of October, 2017
J U D G M E N T
The petitioner, who is an LT IV consumer under the 4th respondent having consumer number 1165092009403, is stated to be running a crusher unit. The facts in the writ petition would indicate that on account of a default committed by the petitioner in the remission of monthly electricity bills coercive action was taken by the respondent Board, which resulted in a disconnection of the electric supply to the petitioner. It is the case of the petitioner that, thereafter, he had approached the 4th respondent for a reconnection of the electric supply, which was not acceded to by the said respondent. It is under these circumstances that the petitioner has approached this Court seeking a direction to respondents 3 and 4 to grant a reconnection of electric supply to the aforementioned consumer number belonging to the petitioner on remitting the necessary charges towards fixed charges and meter rent.
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W.P.(C).No.2950 Of 2017
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petitioner and also the learned Standing counsel appearing for the respondent Board.
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a fresh connection would be only Rs.55,710/-. The learned counsel for the petitioner, on being informed of the said charges, would prefer to go in for a reconnection, albeit the higher cost involved, since he apprehends problems in obtaining a fresh no objection certificate from the Forest Department while applying for a fresh connection. Taking note of the submission of the learned counsel for the petitioner, as also the figures produced before me by the learned Standing counsel for the respondent Board, I direct that on the petitioner paying the amount of Rs.85,058/- to the 2nd respondent within a week from the date of receipt of a copy of this judgment, the 2nd respondent shall ensure that the electric connection is restored to the premises of the petitioner within a month from the date of receipt of the aforementioned amount from the petitioner.
The writ petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
mns/03.10.17
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W.P.(C).No.2950 Of 2017
2 issues framed by the court
Whether the petitioner is entitled to reconnection of electricity supply after payment of outstanding charges without opting for a fresh connection.
The quantum of charges payable for reconnection versus a fresh connection and the petitioner's choice to pay the higher reconnection cost.
N.Suresh
The Kerala State Electricity Board (KSEB) Ltd
The Executive Engineer, Electrical Division, KSEB Ltd, Chittur
The Assistant Executive Engineer, Electrical Sub Division, Alathur
The Assistant Engineer, Electrical Sub Division, Alathur
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
