The petitioner, representing Energy Development Co. Ltd., filed a writ petition. The court noted that payments were made subsequent to the filing, and the petitioner sought not to prosecute. Consequently, the writ petition was closed.
The writ petition is closed as payments have been made and the petitioner does not want to prosecute it.
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 N.NAGARESH
MONDAY, THE 6TH DAY OF DECEMBER 2021/15TH AGRAHAYANA, 1943 WP(C) NO. 14481 OF 2021
PETITIONER:
ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA 689 663, HAVING ITS CORPORATE OFFICE AT 'EDCL HOUSE', 1A, ELGIN ROAD, KOLKATA, WEST BENGAL 700 020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY
BY ADVS. K.SHAJ RENJIT GEORGE JOSSY S. KATTUR UMMUL FIDA RESHMA.P. JOSEPH MARY DAS ARUN CHAND VINAYAK G MENON BHARAT VIJAY P. MAJID MUHAMMED K.
RESPONDENTS:
WP(C)No.14481/2021
2
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
6 THE DEPUTY CHIEF ENGINEER (COMMERCIAL & TARIFF) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
BY ADVS. SMT.PRINCY XAVIER, SR.G.P. SRI.JAISON JOSEPH, R4-R7 SRI.SUDHEER GANESH KUMAR, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.14481/2021
3
JUDGMENT
Dated this the 6th day of December, 2021
The learned counsel for the petitioner and the learned Standing Counsel for the respondent submit that subsequent to the filing of the writ petition, payments have been made to the petitioner and accordingly the petitioner does not want to prosecute the writ petition. Accordingly, the writ petition is closed.
Sd/- N. NAGARESH JUDGE
ncd/06.12.2021
WP(C)No.14481/2021
4
APPENDIX OF WP(C) 14481/2021
PETITIONER'S EXHIBITS
| Exhibit P1 | TRUE COPY OF POW DATED 30/10/2014 EN PETITIONER COMPANY |
ER PURCHASE AGREEM TERED INTO BETWEEN AND THE 4TH RESPOND |
ENT THE ENT |
|---|---|---|---|
| Exhibit P2 | TRUE COPY OF INTERI IN CRP NO.8/2019 OF |
M ORDER DATED 2/3/2 THIS HON'BLE COURT |
021 . |
| Exhibit P3 | TRUE COPY OF AEE2/ULLUMKAL/TREE |
LETTER NO.CML-E CUTT |
E2- ING |
| COMPENSATION/2020-2 18/12/2020 ISSUED |
1/CE(C&T)/268 DA BY THE 6TH RESPONDE |
TED NT, |
|
| ON BEHALF OF THE 4T THE PETITIONER COMP |
H RESPONDENT BOARD, ANY |
TO | |
| Exhibit P4 | TRUE COPY OF | LETTER NO.CML-E | E2- |
| AEE2/ULLUMKAL/TREE | CUTT | ING | |
| COMPENSATION/2020-2 |
1/CE(C&T)/274 DA |
TED |
|
| 5/1/2021 ISSUED BY | THE 6TH RESPONDENT, | ON | |
| BEHALF OF THE 4TH | RESPONDENT BOARD, | TO | |
| THE PETITIONER COMP | ANY | ||
| Exhibit P5 | TRUE COPY OF INV SUBMITTED BY THE THE 4TH RESPONDENT |
OICE DATED 31/1/2 PETITIONER COMPANY |
021 TO |
| Exhibit P6 | TRUE COPY OF | LETTER NO.CML-E | E2- |
| AEE2/ULLUMKAL/TREE COMPENSATION/2020-2 |
CUTT 1/CE(C&T)/325 DA |
ING TED |
|
| 4/2/2021 ISSUED BY | THE 6TH RESPONDENT, | ON | |
| BEHALF OF THE 4TH | RESPONDENT BOARD, | TO | |
| THE PETITIONER COMP | ANY | ||
| Exhibit P7 | TRUE COPY OF INV | OICE DATED 28/2/2 | 021 |
| SUBMITTED BY THE | PETITIONER COMPANY | TO | |
| THE 4TH RESPONDENT | |||
| Exhibit P8 | TRUE COPY OF | LETTER NO.CML-E | E2- |
| AEE2/ULLUMKAL/TREE | CUTT | ING | |
| COMPENSATION/2020-2 | 1/CE(C&T)/353 DA |
TED | |
| 5/3/2021 ISSUED BY | THE 6TH RESPONDENT, | ON | |
BEHALF OF THE 4TH |
RESPONDENT BOARD, |
TO |
|
| THE PETITIONER COMP | ANY | ||
| Exhibit P9 | TRUE COPY OF | LETTER NO.CML-E | E2- |
| AEE2/ULLUMKAL/TREE | CUTT | ING |
WP(C)No.14481/2021
5
COMPENSATION/2020-21/CE(C&T)/377 DATED 20/3/2021 ISSUED BY THE 6TH RESPONDENT, ON BEHALF OF THE 4TH RESPONDENT BOARD, TO THE PETITIONER COMPANY Exhibit P10 TRUE COPY OF LETTER NO.CML-EE2AEE2/ULLUMKAL/TREE CUTTING COMPENSATION/2020-21/CE(C&T)/379 DATED 22/3/2021 ISSUED BY THE 6TH RESPONDENT, ON BEHALF OF THE 4TH RESPONDENT BOARD, TO THE PETITIONER COMPANY Exhibit P11 TRUE COPY OF INVOICE DATED 31/3/2021 SUBMITTED BY THE PETITIONER COMPANY TO THE 4TH RESPONDENT Exhibit P12 TRUE COPY OF LETTER NO.FIN/POP/EDCL/20-21 DATED 7/4/2021 ISSUED BY THE EIGHTH RESPONDENT TO THE PETITIONER Exhibit P13 TRUE COPY OF INVOICE DATED 30/4/2021 SUBMITTED BY THE PETITIONER COMPANY TO THE 4TH RESPONDENT Exhibit P14 TRUE COPY OF INVOICE DATED 31/5/2021 SUBMITTED BY THE PETITIONER COMPANY TO THE 4TH RESPONDNET Exhibit P15 TRUE COPY OF INVOICE 30/6/2021 SUBMITTED BY THE PETITIONER COMPANY TO THE 4TH RESPONDENT Exhibit P16 TRUE COPY OF INTERIM ORDER DATED 27/5/2021 IN I.A.NO.2/2019 IN C.R.P.NO.276/2019 AND SOME OTHER CASES OF THIS HON'BLE COURT. EXHIBIT P17 THE TRUE COPY OF THE LETTER NO.CML-EE2AEE2/ULLUMKAL/TREE CUTTING COMPENSATION/2021-22/CE(C&T)/DATED 06/2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P18 THE TRUE COPYO F THE RELEVANT EXTRACT OF THE COMMON JUDGMENT IN C.R.P.NO.25/2019 AND 478 OTHER C.R.P. OF THIS HON'BLE COURT.
Energy Development Co. Ltd., Ullumkal
State of Kerala
Principal Secretary (Power), Government of Kerala
Energy Management Centre, Kerala
Kerala State Electricity Board
N. Nagares
As recorded by the court registry
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