Allowed

James E.P v. Kerala State Electricity Board

Kerala HC16 Dec 2020WP(C)/12080/2014

Case brief

AI extract

What is this about?

The High Court of Kerala held that imposing penalties under High Tension tariff on Low Tension consumers without detected voltage variation was illegal and arbitrary. The assessment orders were quashed, and fresh assessment is directed under the correct tariff allowing additional objections.

What did the court decide?

Exhibits P5 and P6 (assessment orders) and P6 (penal bill) were quashed; fresh final assessment order directed; liberty to file additional objections granted.

James E.P Vs Kerala State Electricity Board — Consumer Protection | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶5

WP(C).No.12047 OF 2014(E)

¶6

PETITIONER/S:

¶7

JOSE T.P., S/O.PAAPPU, PROPRIETOR, ANNA AGRO MILLS, PARAPPURAM, KANJOOR, KALADY, RESIDING AT SREEMOOLANAGARAM P.O., KALADY, ERNAKULAM,PIN 683 580. BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA

¶8

RESPONDENT/S:

¶9

1 KERALA STATE ELECTRICITY BOARD LTD. VYDHYUTHI BHAVANAM, PATTOM – 695 001 THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR.

¶10

2 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PERUMBAVOOR – 683 010.

¶11

3 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KALADY, ERNAKULAM 683 101.

¶12

4 THE CONSUMER GRIEVANCE REDRESSAL FORUM KERALA STATE ELECTRICITY BOARD,CENTRAL REGION, POWER HOUSE ROAD,ERNAKULAM.683017 ADDITIONAL RESPONDENT NOS.5 AND 6 ARE IMPLEADED ADDL.R5 THE ASSISTNAT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, KALADY, ERNAKULAM,PIN – 683 574 ADDL.R6 THE ASSISTANT ENGINEER, KERALA SATE ELECTRICITY BOARD, ELECTRICAL SECTION, KANJOOR, ERNAKULAM PIN -683 575 (ADDITIONAL RESPONDENT 5 AND 6 ARE IMPLEADED AS PER ORDER DATED 16.12.2020 IN I.A. NO.1/2020 IN W.P.(C) NO.12047/2014

¶13

STANDING COUNSEL – SRI.A ARUN KUMAR., SRI.K M. PAULOSE

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, ALONG WITH WP(C).12080/2014(H) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.12047 OF 2014 & Conn.cases 2

¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶19

WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶20

WP(C).No.12080 OF 2014

¶21

PETITIONER/S:

¶22

JAMES E.P, S/O.E.O.PAAPPU, PROPRIETOR, MARY MATHA MODERN RICE MILL, PARAPPURAM, KANJOOR, KALADY, ERNAKULAM RESIDING AT ETTINGAL HOUSE, CHENGAL, KALADY P.O., ERNAKULAM, PIN 683574.

¶23

BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH

¶24

RESPONDENT/S:

¶25

1 KERALA STATE ELECTRICITY BOARD VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM 695001, REPRESENTED BY ITS MANAGING DIRECTOR.

¶26

2 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE, PERUMBAVOOR 683 011

¶27

3 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION, KALADY, ERNAKULAM 683 101

¶28

4 THE CONSUMER GRIEVANCE REDRESSAL FORUM KERALA STATE ELECTRICITY BOARD LTD, CENTRAL REGION, POWER HOUSE ROAD682 017, ERNAKULAM.

¶29

5 ADDL. R5. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, KALADY, ERNAKULAM-683574.

¶30

WP(C).No.12047 OF 2014 & Conn.cases 3

¶31

6 ADDL. R6. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KANJOOR, ERNAKULAM-683575.

¶32

(ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 16/12/2020 IN IA NO.1/2020)

¶33

R1 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD

¶34

R1 BY ADV. SRI.JAICE JACOBSCKERALA STATE ELECTRICITY BOARD SRI. A ARUNKUMAR, STANDING COUNSEL

¶35

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, ALONG WITH WP(C).12047/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶36

WP(C).No.12047 OF 2014 & Conn.cases 4

¶37

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶38

PRESENT

¶39

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶40

WP(C).No.12260 OF 2014

¶41

PETITIONER/S:

¶42

T.P VARGHESE, AGED 63 YEARS S/O.PAPPU T.V., THEKKEKKARA HOUSE, SREEMOOLANAGARAM P.O., ERNAKULAM DIST,

¶43

PIN: 683 580.

¶44

BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.S.SHIRAZ BAVA

¶45

RESPONDENT/S:

¶46

1 KERALA STATE ELECTRICITY BOARD LTD VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR - 695 001.

¶47

2 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE, PERUMBAVOOR- 683 031.

¶48

3 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION, KALADY, ERNAKULAM 683 031

¶49

4 THE CONSUMER GRIEVANCE REDRESSAL FORUM KERALA STATE ELECTRICITY BOARD LTD, CENTRAL REGION, POWER HOUSE ROAD, ERNAKULAM - 682 017.

¶50

5 ADDL. R5. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, KALADY, ERNAKULAM-683574.

¶51

WP(C).No.12047 OF 2014 & Conn.cases 5

¶52

6 ADDL. R6. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KANJOOR, ERNAKULAM-683575. (ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 16/12/2020 IN IA NO.2/2020)

¶53

R1 BY ADV. SRI.K.C.JOY R1 BY ADV. SRI.LAWRENCE DCUNHA R1 BY ADV. SRI.MATHEW BONSTANE R1 BY ADV. SRI.K.MADHUSOODANAN R1 BY ADV. SRI.T.G.PAUL STANDING COUNSEL – SRI. A ARUN KUMAR,

¶54

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, ALONG WITH WP(C).12047/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶55

WP(C).No.12047 OF 2014 & Conn.cases 6

¶56

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶57

PRESENT

¶58

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶59

WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶60

WP(C).No.12296 OF 2014

¶61

PETITIONER/S:

¶62

DEVASSYKUTTY, AGED 45 YEARS, S/O OUSEPH, RESIDING AT PONGAL HOUSE, KANJOOR P.O., KALADY, ERNAKULAM DISTRICT. SUBSTITUTED AS T.D. VARGHESE, S/O. DEVASSY, AGED 62 YEARS, MANAGING PARTNER, STAR MODERN RICE MILL, THEKKEKARA HOUSE, KANJOOR. P.O., (SUBSTITUTED AS PER ORDER IN I.A. NO.1/2020 DATED 16.12.2020)

¶63

BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.P.MURALEEDHARAN (THURAVOOR) SRI.PRAVEEN C.PARAVATH SRI.V.S.SHIRAZ BAVA

¶64

RESPONDENT/S:

¶65

1 KERALA STATE ELECTRICITY BOARD LTD VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM 695001 REPRESENTED BY ITS MANAGING DIRECTOR

¶66

2 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PERUMBAVOOR 683 031

¶67

3 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KALADY, ERNAKULAM 683 110

¶68

4 THE CONSUMER GRIEVANCE REDRESSAL FORUM KERALA STATE ELECTRICITY BOARD, CENTRAL REGION, POWER HOUSE ROAD, ERNAKULAM 687 031

¶69

WP(C).No.12047 OF 2014 & Conn.cases 7

¶70

5 ADDL. R5. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, KALADY, ERNAKULAM-683574.

¶71

6 ADDL. R6. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KANJOOR, ERNAKULAM-683575. (ADDITIONAL R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 16/12/2020 IN IA NO.3/2020)

¶72

SRI. A. ARUN KUMAR, STANDING COUNSEL

¶73

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, ALONG WITH WP(C).12047/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶74

WP(C).No.12047 OF 2014 & Conn.cases 8

¶75

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶76

PRESENT

¶77

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶78

WP(C).No.12303 OF 2014

¶79

PETITIONER/S:

¶80

C.R. MANOJ, MANAGING DIRECTOR, NEXUS FROZEN FRUITS CONTAINERS AND FOODS PRIVATE LTD., MANIKKAMANGALAM P.O., KALADY, ERNAKULAM DISTRICT, PIN-683 574.

¶81

BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.S.SHIRAZ BAVA

¶82

RESPONDENT/S:

¶83

1 KERALA STATE ELECTRICITY BOARD LTD. VYDHYUDHIBHAVANAM, PATTAM, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS MANAGING DIRECTOR.

¶84

2 THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, PERUMBAVOOR-683 031.

¶85

3 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KALADY-683 110, ERNAKULAM.

¶86

4 THE CONSUMER GRIEVANCE REDRESSAL FORUM, KERALA STATE ELECTRICITY BOARD, CENTRAL REGION, POWER HOUSE ROAD, ERNAKULAM-682 031.

¶87

5 ADDL R5.THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, KALADY , ERNAKULAM,PIN-683574 (ADDL RESPONDENT NO.5 IS IMPLEADED AS PER ORDER DATED 16.12.2020 IN IA 2/2020.)

¶88

SRI. A ARUN KUMAR, STANDING COUNSEL

¶89

WP(C).No.12047 OF 2014 & Conn.cases 9

¶90

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, ALONG WITH WP(C).12047/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶91

WP(C).No.12047 OF 2014 & Conn.cases 10

¶92

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶93

PRESENT

¶94

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶95

WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶96

WP(C).No.18748 OF 2014

¶97

PETITIONER/S:

¶98

PAUL WILSON, MANAGING PARTNER, PERIYAR ROCK PRODUCTS,KANNIMANGALAM, MALAYATTOOR, ERNAKULAM DIST, PIN-680027

¶99

BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.A.K.MOHAMED ALI SRI.PRAVEEN C.PARAVATH SRI.V.S.SHIRAZ BAVA

¶100

RESPONDENT/S:

¶101

1 KERALA STATE ELECTRICITY BOARD LTD. VYDHYUDHIBHAVANAM , PATTAM, THIRUVANANTHAPURAM,695 001 REP BY ITS MANAGING DIRECTOR

¶102

2 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE, ERNAKULAM 687 018

¶103

3 THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE, PERUMBAVOOR, ERNAKULAM 683 110

¶104

4 THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION,MANJAPRA, ERNAKULAM DISTRICT 683 001

¶105

5 THE ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD, ANTI POWER THEFT SQUAD, ERNAKULAM687 031

¶106

WP(C).No.12047 OF 2014 & Conn.cases 11

¶107

6 ADDL. R6. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SUB DIVISION, KALADY, ERNAKULAM-683574. (ADDITIONAL R6 IS IMPEADED AS PER ORDER DATED 13.07.2020 IN I.A. NO.1/2020) R1 BY ADV. SRI.RAJU JOSEPH (SR.) R1 BY ADV. SRI.RAJU JOSEPH SR. R1 BY SRI.K.T.PAULOSE, SC, KSEB

¶108

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, ALONG WITH WP(C).12047/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶109

WP(C).No.12047 OF 2014 & Conn.cases 12

¶110

JUDGMENT

¶111

[ WP(C).12047/2014, WP(C).12080/2014, WP(C).12260/2014, WP(C).12296/2014, WP(C).12303/2014, WP(C).18748/2014]

¶112

Dated this the 16th day of December 2020

¶113

These six writ petitions challenge the final assessment

¶114

orders and penal bills issued under Section 126 of the Indian Electricity Act, 2003. As the matter involved in these writ petitions are identical in nature, these are considered together. For the purpose of easier comprehension, W.P.(C). No.12047 of 2014 is treated as the leading case and the brief facts in the said writ petition are noticed and referred to. In the remaining five cases, the facts are not being mentioned as they are almost identical to W.P.(C) No.12047 of 2014, however, the conclusions are separately mentioned in this judgement.

¶115

W.P.(C) No.12047 of 2014

¶116

Petitioner challenges Exts.P5 and P6 and also seeks for a declaration not to impose penalty upon the petitioner under any tariff other than the LT IVA, on the basis of Ext.P1 mahazar.

¶117

Admittedly, petitioner had sought for supply of electricity as a Low Tension consumer (hereinafter referred to as 'the LT Consumer') under the 1^st respondent. On the basis of an inspection conducted by the Anti Power Theft Squad in the

¶118

WP(C).No.12047 OF 2014 & Conn.cases 13

¶119

premises of the petitioner, the 3^rd respondent issued Ext.P2 provisional assessment notice, dated 10.03.2014 to the petitioner. Objections were filed as Ext.P4 and later Ext.P5 final assessment order was issued by the 3^rd respondent, confirming the provisional assessment and imposing an amount of Rs.16,53,563/- (Rupees sixteen lakhs fifty three thousand five hundred and sixty three only) as penalty on the petitioner as per the calculation attached in Ext.P5. Pursuant to Exts.P5, Ext.P6 penal bill was also raised by the 3^rd respondent.

¶120

From a perusal of Exts.P5 and P6, it can be seen that penalty has been imposed under the tariff applicable to High Tension Consumers (hereinafter referred to as 'the HT Consumer'), even though petitioner was granted electricity connection as LT consumer. According to the petitioner, penalty has been imposed contrary to the statutory stipulations under Section 126 of the Indian Electricity Act. Challenging Exts.P5 and P6, petitioner has approached this Court through writ petition.

¶121

While the writ petition was pending, Ext.P8 letter was issued by the Director (Distribution IT & HRM) of the 1^st respondent to the 2^nd respondent, pointing out that in relation to the six consumers named in the letter who are the writ

¶122

WP(C).No.12047 OF 2014 & Conn.cases 14

¶123

petitioners in these batch of cases, Committee constituted for settlement, on scrutinising the issue involved, found that the assessments were made in HT industrial tariff, even though the unauthorised use was detected in LT connection and no LT consumer can be subjected to a tariff applicable to a High Tension consumer and vice versa under any circumstances . It was opined that the penal bills ought to have been issued under the LT tariff instead of the HT tariff. Keeping in view the aforesaid principle, it was suggested that the matter ought to be settled in OTS scheme. It was further suggested in the letter that the grievances of the petitioners could be redressed by following the procedure under the statute and then issue a final bill, if the petitioners withdraw the cases pending before this Court.

¶124

Even though the the Committee for settlement had found that imposition of tariff on the petitioners at the rate applicable to HT consumers was contrary to law, it was directed that the cases pending before the Court must be withdrawn before final orders are passed. Unfortunately nothing much has proceeded pursuant to the letter. It was pointed out by the learned counsel for the petitioner that the last part of Ext.P8 is not workable, since, final orders had already been passed by the

¶125

WP(C).No.12047 OF 2014 & Conn.cases 15

¶126

3^rd respondent and unless the final orders are set aside, the 3^rd respondent will not be in a position to reconsider the issue of fresh final assessment order based on the letter referred above.

¶127

I have heard Adv. Ziyad Rahman, learned counsel for the petitioner, learned Standing counsel Adv. Sri.K T.Poulose as well as Adv.A Arunkumar also in the matter. Learned Standing Counsel appearing for the Board do not dispute the veracity or the contents of Ext.P8 produced in the writ petition.

¶128

It is seen from Ext.P8 that the Board has admitted that there was no voltage variation detected due to the alleged unauthorisd additional load in these six cases. Taking note of the absence of any voltage variation, petitioner could never have been regarded as HT consumer as on the date of detection. The Board through Ext.P8 letter admits this proposition too. In such circumstances, I am of the opinion that treating the petitioner as HT consumer when they had availed electricity connection as LT consumer and in the absence of any voltage variation detected on account of the unauthorised additional load, Exts.P5 and P6 are illegal and arbitrary.

¶129

On a perusal of Ext.P5, it can be seen that though petitioner is a LT consumer, he has been imposed with a penalty

¶130

WP(C).No.12047 OF 2014 & Conn.cases 16

¶131

treating him as HT consumer, solely on the ground that there was unauthorised connected load. As seen from Ext.P8, such an imposition is admittedly wrong. In such circumstances, to enable the 3^rd respondent, Assessing Officer to reconsider the issue of imposition of penalty, I quash Exts.P5 and P6 in W.P.(C). No.12047 of 2014. Fresh final assessment order is required to be passed. Since I am directing fresh final assessment order to be passed under Section 126 of the Indian Electricity Act 2003, petitioner shall be entitled to file an objection or additional objection to the provisional assessment already issued, within a period of one month from the date of receipt of a copy of this judgement. In the event of the petitioner filing any additional objection, Assessing Officer concerned, shall consider the objections/additional objections and pass fresh final assessment orders in accordance with law, taking note of the the observations in Ext.P8, after hearing the petitioner also.

¶132

The writ petition is accordingly allowed.

¶133

W.P(C). No.12080 of 2014

¶134

In view of the findings in W.P.(C). No.12047 of 2014 as stated above, Exs.P5 and P6 are set aside. Petitioner is granted

¶135

WP(C).No.12047 OF 2014 & Conn.cases 17

¶136

liberty to file an additional objection to the provisional assessment within one month from the date of receipt of a copy of the judgment. The Assessing Officer concerned shall thereafter, pass fresh final assessment orders after hearing the petitioner, taking notice of the observations in Ext.P8 letter.

¶137

Writ petition is allowed as above.

¶138

W.P.(C). No. 12260 of 2014

¶139

In view of the findings in W.P.(C). No.12047 of 2014 as stated above, Exs.P5 and P6 are set aside. Petitioner is granted liberty to file an additional objection to the provisional assessment within one month from the date of receipt of a copy of the judgment. The Assessing Officer concerned shall thereafter, pass fresh final assessment orders after hearing the petitioner, taking notice of the observations in Ext.P8 letter.

¶140

Writ petition is allowed as above.

¶141

W.P.(C). No.12296 of 2014

¶142

In view of the findings in W.P(C) No.12047 of 2014, Exs.P4 and P5 herein are set aside. Petitioner is granted liberty to file an additional objection to the provisional assessment within one month from the date of receipt of a copy of the judgment. The

¶143

WP(C).No.12047 OF 2014 & Conn.cases 18

¶144

Assessing Officer concerned shall thereafter, pass fresh final assessment orders after hearing the petitioner, taking notice of the observations in Ext.P8 letter.

¶145

Writ petition is allowed as above.

¶146

W.P(C). No.12303 of 2014

¶147

In view of the findings in W.P(C) No.12047 of 2014, Exs.P5 and P6 in this writ petition are set aside. Petitioner is granted liberty to file an additional objection to the provisional assessment within one month from the date of receipt of a copy of the judgment. The Assessing Officer concerned shall thereafter, pass fresh final assessment orders after hearing the petitioner, taking notice of the observations in Ext.P8 letter.

¶148

Writ petition is allowed as above.

¶149

W.P(C). No.18748 of 2014

¶150

In view of the findings in W.P(C) No.12047 of 2014, Exs.P4 final assessment order, Ext.P5 demand notice and Ext.P6 order of the appellate authority are set aside. Petitioner is granted liberty to file an additional objection to the provisional assessment within one month from the date of receipt of a copy of the judgment. The Assessing Officer concerned shall

¶151

WP(C).No.12047 OF 2014 & Conn.cases 19

¶152

thereafter, pass fresh final assessment orders after hearing the petitioner, taking notice of the observations in Ext.P8 letter.

¶153

Writ petition is allowed as above.

¶154

Sd/-

¶155

BECHU KURIAN THOMAS

¶156

JUDGE

¶157

ajt

¶158

WP(C).No.12047 OF 2014 & Conn.cases 20

¶159

APPENDIX OF WP(C) 12047/2014

¶160

PETITIONER'S/S EXHIBITS:

¶161

EXHIBIT P1 TRUE COPY OF THE MAHAZAR DATED 6.3.2014

¶162

EXHIBIT P2 TRUE COPY OF THE PROVISIONAL NOTICE NO.BB/INSPECTION BILL/2013-14/188 DATED 10.3.2014.

¶163

EXHIBIT P3 TRUE COPY OF THE TARIFF ORDER DATED PASSED BY THE REGULATORY COMMISSION.

¶164

EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 19.3.2014 TO EXT.P2 NOTICE SUBMITTED BY THE PETITIONER.

¶165

EXHIBIT P5 TRUE COPY OF THE FINAL ORDER NO.BB/INSPECTION BILL/2013 - 14/2 DATED 7.4.2014 OF THE 3RD RESPONDENT

¶166

EXHIBIT P6 TRUE COPY OF THE PENAL INVOICE DATED 7.4.2014

¶167

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 16.4.2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

¶168

EXHIBIT P8 – TRUE COPY OF THE ORDER BEARING NO.D(D,IT& HRM)D3/UN AUTHORISED U/007/2019-20 DATED 06.03.2020

¶169

WP(C).No.12047 OF 2014 & Conn.cases 21

¶170

APPENDIX OF WP(C) 12080/2014

¶171

PETITIONER'S/S EXHIBITS:

¶172

EXHIBIT P1 TRUE COPY OF THE MAHAZER DATED 6.3.2014. EXHIBIT P2 TRUE COPY OF THE PROVISIONAL NOTICE NO.BB/INSPECTION BILL/2013-14/189 DATED 10.3.2014. EXHIBIT P3 TRUE COPY OF THE TARIFF ORDER DATED PASSED BY THE REGULATORY COMMISSION. EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 19.3.2014 TO EXT.P2 NOTICE SUBMITTED BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE FINAL ORDER NO.BB/INSPECTION BILL/2014-15/2 DATED 7.4.2014 OF THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE PENAL INVOICE DATED 7.4.2014. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 16.4.2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER BEARING NO. D(D, IT & HRM) D2/UN AUTHORISED U/007/2019-20 DATED 06/03/2020.

¶173

RESPONDENT'S EXHIBITS EXHIBIT R3(a) – TRUE COPY OF THE LETTER DATED 13.01.2014 ISSUED TO THE PETITIONEER EXHIBIT R3(b) – CALCULATION STATEMENT OF THE DEMAND ISSUED TO THE PETITIONEER.

¶174

WP(C).No.12047 OF 2014 & Conn.cases 22

¶175

APPENDIX OF WP(C) 12260/2014

¶176

PETITIONER'S/S EXHIBITS:

¶177

EXHIBIT P1 TRUE COPY OF THE MAHAZER DATED 12/3/2014. EXHIBIT P2 TRUE COPY OF THE PROVISIONAL NOTICE NO.BB/INSPECTION BILL/2013-14/192 DATED 143-2014.

¶178

EXHIBIT P3 TRUE COPY OF THE TARIFF ORDER PASSED BY THE REGULATORY COMMISSION.

¶179

EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 21/3/2014 TO EXT.P2 NOTICE SUBMITTED BY THE PETITIONER.

¶180

EXHIBIT P5 TRUE COPY OF THE FINAL ORDER NO.BB/INSPECTION BILL/2014-15/5 DATED 9/4/2014 OF THE 3RD RESPONDENT.

¶181

EXHIBIT P6 TRUE COPY OF THE PENAL INVOICE DATED 7/4/2014.

¶182

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 10/4/2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

¶183

EXHIBIT P8 TRUE COPY OF THE ORDER BEARING NO D(D,IT&HRM) D2/UN AUTHORISED U/007/2019-20 DATED 6/3/2020

¶184

WP(C).No.12047 OF 2014 & Conn.cases 23

¶185

APPENDIX OF WP(C) 12296/2014

¶186

PETITIONER'S/S EXHIBITS:

¶187

EXHIBIT P1	TRUE COPY OF THE	MAHAZAR DATED 12.03.2014
EXHIBIT P2	TRUE COPY OF THE NO BB/INSPECTION 14.03.2014	PROVISIONAL NOTICE BEARING BILL/2013-14/188 DATED
EXHIBIT P3	TRUE COPY OF THE REGULATORY COMMIS	TARIIF ORDER PASSED BY THE SION
EXHIBIT P4	TRUE COPY OF THE BB/INSPECTION BIL 09.04.2014	FINAL ORDER BEARING NO L/2013-14/15 DATED
EXHIBIT P5	TRUE COPY OF THE 09.04.2014	PENAL INVOICE DATED
EXHIBIT P6	TRUE COPY OF THE SUBMITTED BEFORE	COMPLAINT DATED 16.04.2014 THE 4TH RESPONDENT
EXHIBIT P7	TRUE COPY OF THE 12.01.2007 OF DEV	DEATH CERTIFICATE DATED ASSYKUTTY.
EXHIBIT P8	TRUE COPY OF THE 21.02.2012.	PARTNERSHIP DEED DATED
EXHIBIT P9	TRUE COPY OF THE ISSUED BY THE KAN RUN THE SAID INDU	LICENSE DATED 8.07.2019 JOOR GRAMA PANCHAYATH TO STRIAL UNIT.
EXHIBIT P10	TRUE COPY OF THE (D.IT&HRM) D2/UN DATED 06.03.2020.	ORDER BEARING NO. D AUTHORISED U/007/2019-20

¶188

WP(C).No.12047 OF 2014 & Conn.cases 24

¶189

APPENDIX OF WP(C) 12303/2014

¶190

PETITIONER'S/S EXHIBITS:

¶191

EXHIBIT P1 TRUE COPY OF THE MAHAZER DATED 14.03.2014. EXHIBIT P2 TRUE COPY OF THE PROVISIONAL NOTICE BEARING NO.BB/INSPECTION BILL/2013-14/195 DATED 17.03.2014. EXHIBIT P3 TRUE COPY OF THE TARIFF ORDER PASSED BY THE REGULATORY COMMISSION. EXHIBIT P4 TRUE COPY OF THE NOTICE ON 25.03.2014. EXHIBIT P5 TRUE COPY OF THE FINAL ORDER BEARING NO.BB/INSPECTION BILL/2013-14/5 DATED 11.04.2014. EXHIBIT P6 TRUE COPY OF THE PENAL INVOICE DATED 11.04.2014. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 22.01.2014 SUBMITTED BEFORE THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER BEARING NO. D (D.IT & HRM) D2/UN AUTHORISED U/007/2019-20 DATED 06.03.2020.

¶192

WP(C).No.12047 OF 2014 & Conn.cases 25

¶193

APPENDIX OF WP(C) 18748/2014

¶194

PETITIONER'S/S EXHIBITS:

¶195

EXHIBIT P1 TRUE COPY OF THE RECEIPT DTD 31/12/2012 EXHIBIT P2 TRUE COPY OF THE MAHAZER DTD 12/3/2014 EXHIBIT P3 TRUE COPY OF THE PROVISIONAL NOTICE DTD 14/3/2014 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3(a) TRUE COPY OF THE CALCULATION STATEMENT DTD NIL EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO BB/MJA/APTS/2014-15/10/DTD 7/4/2014 ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE FINAL ASSESSMENT INVOICE DTD 7/4/2014

¶196

EXHIBIT P5(a) TRUE COPY OF THE CALCULATION STATEMENT DTD NIL

¶197

EXHIBIT P6 TRUE COPY OF THE ORDER NO GBI/APPEAL/PAUL WILSON/2014/2525 DTD 15/7/2014 PASSED BY THE 2ND RESPONDENT

¶198

EXHIBIT P7 TRUE COPY OF THE CALCULATION STATEMENT DTD NIL

¶199

EXHIBIT P8 TRUE COPY OF THE APPLICATION DTD NIL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

¶200

EXHIBIT P8(a) TRUE COPY OF THE HT AGREEMENT FORM NO 14 DTD NIL SIGNED BY THE PETITIONER

¶201

EXHIBIT P9 – TRUE COPY OF THE ORDER BEARING NO.D(D,IT & HRM)D2/UN/AUTHORISED U/007/2019-20 DATED 06.03.2020

James E.P v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

James E.P v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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