The Court allowed a writ petition to permit the petitioner to pay the final assessment amount in six equal monthly installments starting from 26/08/2019, granted by the State Electricity Board's Standing Counsel.
Petitioner allowed to pay final assessment amounts in 6 equal monthly instalments commencing 26/08/2019.
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 DEVAN RAMACHANDRAN
FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941 WP(C).No.14603 of 2019
PETITIONER:
SALIMSHA.O.K AGED 42 YEARS S/O. OMMERKUNJU, KOKKATTUTHARAYIL, PALLIPPADU, THRIKKUNNAPUZHA P.O., ALAPPUZHA 690 515.
BY ADVS. SRI.SHABU SREEDHARAN KEERTHI JAYANANDHAN SHRI. ANOOP P.R. SHRI.SHAMEM M.S. SMT.RESHMA ABDUL RASHEED SRI.M.YOHANNAN
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004. 2 THE ASST. ENGINEER, ELECTRICAL SECTION, HARIPPAD, ALAPPUZHA 690 514.
SRI.SUDHEER GANESH KUMAR,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14603 of 2019 2
JUDGMENT
Even though various allegations and
averments have been made in this writ
petition and several reliefs have also been
sought, the learned counsel for the petitioner, Shri.Shabu Sreedharan, confines
his plea that his client be given 6 instalments to pay off the amount under the
Final Assessment, which has been approved
through Ext.P12 order of the Appellate
Authority.
Kerala State Electricity Board (hereinafter
referred to as 'the KSEB' for short), Shri.Sudheer Ganesh Kumar, submits that if the petitioner's request is only to the above effect, he will not stand in the way.
In the afore circumstances, I order this
writ petition to the limited extent of allowing the petitioner to pay the amounts covered by the Final Assessment, which has been approved through Ext.P12 order, in 6
WP(C).No.14603 of 2019 3
equal monthly instalments commencing from
26/08/2019.
Needless to say, if the petitioner
violates any of directions in this judgment, the KSEB will be at liberty to recover the whole amount under the Final Assessment following due procedure, without any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/22.7.19
WP(C).No.14603 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | THE TRUE COPY OF THE SITE MAHAZAR DATED 21.5.2015. |
|---|---|
| EXHIBIT P2 | THE TRUE COPY OF THE PROVISIONAL PENAL BILL DATED 23.5.2015. |
| EXHIBIT P3 | THE TRUE COPY OF THE PROVISIONAL ASSESSMENT BILL DATED 27.5.2015. |
| EXHIBIT P4 | THE TRUE COPY OF THE OBJECTION DATED 1.6.2015. |
| EXHIBIT P5 | THE TRUE COPY OF THE NOTICE DATED 20.6.2015. |
| EXHIBIT P6 | THE TRUE COPY OF THE ASSESSMENT ORDER ALONG WITH THE FINAL BILL AND CALCULATION STATEMENT DATED 29.6.2015. |
| EXHIBIT P7 | THE TRUE COPY OF THE JUDGMENT IN WP(C) NO. 20731/2015 DATED 9.7.2015. |
| EXHIBIT P8 | THE TRUE COPY OF THE APPEAL MEMORANDUM WITH NO. 380/2015 DATED 28.7.2015. |
| EXHIBIT P9 | THE TRUE COPY OF THE ORDER IN APPEAL PASSED BY THE 4TH RESPONDENT DATED 19.11.2015. |
| EXHIBIT P10 | THE TRUE COPY OF REVISED CALCULATION STATEMENT ALONG WITH THE REVISED BILL DATED 30.11.2015. |
| EXHIBIT P11 | THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 37597/2015 DATED 21.01.2019. |
| EXHIBIT P12 RESPONDENT'S/S E |
THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT IN APPEAL NO. 43/2019 DATED 12.04.2019. XHIBITS: |
| NIL | |
| MC | |
| (TRUE COPY) PA TO JUDGE |
2 issues framed by the court
Whether the petitioner can be allowed to pay the final assessment amount in instalments.
The conditions under which the Electricity Board can recover the amount if instalment directions are violated.
Salimsha O.K
The Kerala State Electricity Board
The Assst. Engineer, Electrical Section, Harippad
The Sub Engineer, Electrical Section, Harippad
The Kerala State Electricity Appellate Authority
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
