Disposed

Mangalam Publications (India) Pvt. Ltd. v. the Kerala State Electricity Appellate Authority

Kerala HC13 Jul 2022WP(C)/14998/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a consumer challenging observations in the Appellate Authority's order that allowed the Electricity Board to initiate fresh proceedings based on alleged additional electricity load. The Court held that no cause of action arose as no such action was taken.

What the court decided

AI extract

Mangalam Publications (India) Pvt. Ltd. Vs… — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944 WP(C) NO. 14998 OF 2022

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PETITIONER:

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MANGALAM PUBLICATIONS (INDIA) PVT LTD. MANGALAM COMPLEX, POST BOX NO.3, S.H.MOUNT P.O., KOTTAYAM, KERALA, 686006, REPRESENTED BY ITS MANAGING DIRECTOR, SAJAN VARGHESE.

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BY ADV GEORGEKUTTY MATHEW

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RESPONDENTS:

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1 THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY, REPRESENTED BY ITS SECRETARY, C.C.51/52, NEAR 110KV SUB STATION, VYTTILA, KOCHI-682019.

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2 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTAM POST, TRIVANDRUM-695004.

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3 ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, KOTTAYAM EAST, KOTTAYAM-686006. BY ADV ANTONY MUKKATH, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.14998/2022

JUDGMENT

The petitioner is a consumer with consumer No.HTV-

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28/22/2255 under Electrical Section, Kottayam East. A demand for a sum of Rs.30,49,241/- towards the electricity bill vide Ext.P1 was issued by the KSEB.

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Learned counsel for the petitioner submits that the Appellate Authority found that the action of the respondent Electricity Board in preparation of the final assessment order dated 18.5.2013 based upon the incorrect provisional bill was not only deprecated, but the officer concerned was wanting. Accordingly, the same was set aside with a direction to the Board to refund the amount with interest as per Regulation 158(18) of the Kerala Electricity Supply Code, 2014. The petitioner is aggrieved only of the observations recorded in the penultimate paragraph, before the decision, wherein respondents were given liberty to initiate fresh process under Section 126 based upon mahazar dated 12.11.2012 on account of alleged additional load of 279 KW over and above 230 KW. However, the Writ Petition do not reflect that any action was taken, I am of the view no cause of action arose as of now. As and when any action is taken, the petitioner is at liberty to take all

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WP(C) No.14998/2022

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measures and procedure in accordance with law in defending the alleged demand.

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The Writ Petition with the aforementioned observations stands

disposed of.

Sd/-

AMIT RAWAL JUDGE

csl

WP(C) No.14998/2022

APPENDIX OF WP(C) 14998/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE PRINT OUT OF THE MOBILE PHONE MESSAGE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ON 25.4.2022. Exhibit P2 TRUE COPY OF THE STATEMENT OF ACCOUNT OF THE DEPOSIT OF RS.18,19,802/- BY THE PETITIONER TO THE RESPONDENT BOARD 1.7.2013, 1.8.2013 AND 2.9.2013. Exhibit P3 TRUE COPY OF THE ORDER DATED 19.4.2022 PASSED BY THE 1ST RESPONDENT IN APPEAL NO.08/2022. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 26.4.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS :

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NIL

Mangalam Publications (India) Pvt. Ltd. v. the Kerala State Electricity Appellate Authority

Case brief

What is this about?

What the court decided

Mangalam Publications (India) Pvt. Ltd. v. the Kerala State Electricity Appellate Authority

Case brief

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What the court decided

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