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Philip Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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Kerala HC
2021
Philip Vs State of KeralaPhilip v. State of Kerala

Dismissed

Philip v. State of Kerala

Kerala HC2 Feb 2021OP/22205/2001

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to recover electricity charges and enforce disconnection was dismissed as infructuous having become academic.

What did the court decide?

Writ petition dismissed as infructuous.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

&

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

OP.No.22205 OF 2001(S)

PETITIONER:

M. PHILIP, AGED 36 YEARS, S/O. MANI, PRECOT COLONY P.O., PALAKKAD.

BY ADVS. SRI.MATHEW JOHN (K) SRI.BABY THOMAS

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, POWERA DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

Parties & counsel

AI extract

petitioner
M. Philip
respondent
State of Kerala
respondent
The Kerala State Electricity Board
respondent
The Special Officer, (Revenue), The Kerala State Electricity Board
respondent
HITECH Electротhermics and Hydropower Limited

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 2 Feb 2021 · February
Registered: 27 Jul 2001
Case no.: OP/22205/2001

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Cite this judgement

Philip v. State of Kerala, OP/22205/2001 (KL), decided on 2 February 2021.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

S.Manikumar and Shaji P.Chaly

Parties & counsel

Outcome

Writ petition dismissed as infructuous.

Detailed headnote1 paragraphs

Writ petition filed under Article 226 of the Constitution seeking mandamus to realise electricity charges and enforce disconnection against a power Generating company was dismissed on the ground that the petition had become infructuous.

A compact analysis

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.

2 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDHYUTHIBHAVANAM, PATTOM PALACE P.O. THIRUVANANTHAPURAM.

3 THE SPECIAL OFFICER, (REVENUE), THE KERALA STATE ELECTRICITY BOARD VYDHYUTHIBHAVANAM, PATTOM PALACE P.O. THIRUVANANTHAPURAM.

4 HITECH ELECTROTHERMICS AND HYDROPOWER LIMITED, SWATHI COURTS, 112-B/KHATTOOR STREET, COIMBATORE 641 037

R1 BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND BY ADV. SRI.ANIL THOMAS MELEMALAYIL BY ADV. SRI.S.PARAMESWARAN BY ADV. SRI.PRAMOD J.DEV BY ADV. SRI.P.SANTHALINGAM SR. BY ADV. SRI.C.K.KARUNAKARAN, SC, FOR KSEB BY ADV. SRI.S.SHARANSCK.S.E.BOARD BY SRI.P.A.AHAMED, SC, KSEB LIMITED

THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P. No.22205/2001

2

JUDGMENT

Dated this the 2^nd day of February, 2021

S. Manikumar, CJ.

Petitioner has sought for the following reliefs:

“Issue a writ in the nature of mandamus commanding respondent No.2 to forthwith realise all electricity charges due from the 4^th respondent on the basis of the ruling tariff including arrears due in that behalf from the time at which it started commercial production.

Issue a writ in the nature of mandamus commanding the second respondent to take appropriate action against 4^th respondent under Section 24 of the Electricity Act including disconnection of electric supply and proceeding under the Revenue Recovery Act for recovery of arrears actually due from the 4^th respondent.”

Mr. Aby J. Augustine, learned counsel representing the

counsel on record submitted that the matter has become infructuous.

Placing on record the above, writ petition is dismissed as infructuous.

Sd/S. Manikumar, Chief Justice

Sd/Shaji P. Chaly, Judge

sou.

Coram

AI extract

S.Manikumar
Shaji P.Chaly

CNR

KLHC010442712001

Topic

Pension and Retirement Benefits

Bench

S.manikumar Shaji P.chaly

Disposal

DISMISSED AS INFRUCTUOUS

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