Allowed

Sajayan P. v. Kerala State Electricity Board

Kerala HC18 Jul 2022WP(C)/7325/2020

Case brief

AI extract

What is this about?

Court allowed a writ petition filed by a cable TV operator challenging a demand notice under an Electricity Adalath settlement. The court directed the petitioner to remit the outstanding dues of Rs. 12,05,629 in twelve equal monthly installments from 16.08.2022, deferring further coercive proceedings pending compliance. The writ is disposed of accordingly.

What did the court decide?

Petitioner directed to remit Rs. 12,05,629 in twelve equal monthly installments with interest; further coercive proceedings deferred.

Sajayan P. Vs Kerala State Electricity Board — Contract and Commercial Disputes | 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 MURALI PURUSHOTHAMAN

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MONDAY, THE 18^TH DAY OF JULY 2022 / 27TH ASHADHA, 1944

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WP(C) NO. 7325 OF 2020

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PETITIONER/S:

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SAJAYAN P.,AGED 45 YEARS S/O. K. PURUSHOTHAMAN, PROPRIETOR, THEKKADATH CABLE VISITATION, ANUGRAHA BUILDING NEAR AL-AMEENS SCHOOL, RESIDING AT ELIMULLIL VEEDU, MAROOR P.O. ADOOR, PATHANAMTHITTA DISTRICT.

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BY ADV B.MOHANLAL

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM P.O. THIRUVANANTHAPURAM 695 002.

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2 THE CHIEF ENGINEER,(ELECTRICITY), DISTRIBUTION SOUTH, KERALA STATE ELECTRICITY BOARD, PATTOM P.O. THIRUVANANTHAPURAM 695 002.

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3 THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION OFFICE, PUNALUR P.O. KOLLAM 691 305.

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4 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, PATHANAPURAM P.O. KOLLAM 689 695. R BY SRI.A.ARUNKUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7325 OF 2020 ..2..

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JUDGMENT

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The petitioner is a registered cable TV operator. This writ petition is filed for a direction to quash Ext.P2 demand notice towards pole rent. The petitioner defaulted the payment of installments granted, pursuant to a settlement, arrived at in the Electricity Adalath, wherein the petitioner was directed to clear the total dues as on 24.02.2020, in 15 equal monthly installments commencing from 10.03.2020. The first installment directed to be paid was Rs.4,92,099/-. Challenging the said order, the petitioner approached this Court and this Court, by order dated 13.03.2020, directed the petitioner to remit a sum of Rs.1,00,000/-, within a period of one week from the date of order. Thereafter, the petitioner submitted before this Court that, further coercive steps have been taken pursuant to Ext.P2 and on 01.07.2022, this Court stayed further proceedings pursuant to Ext.P2, on condition that

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WP(C) NO. 7325 OF 2020 ..3..

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the petitioner remits an amount of Rs.1,00,000/- within a period of ten days.

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It is submitted by the learned Counsel for the petitioner as well the learned Standing Counsel for the Electricity Board that, the petitioner has remitted the said amount as directed by this Court. The learned Standing Counsel for the Electricity Board submits that the outstanding dues as on today is Rs.12,05,629/-. The learned Counsel for the petitioner submits that he is prepared to pay the said amount in 15 equal monthly installments. This is opposed by the learned Standing Counsel for the Electricity Board.

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In the order dated 13.03.2020, this Court had directed the petitioner to make part payment of the amount so that the re-adjustment of the amount payable can be considered. The petitioner has remitted an amount of Rs.2,30,000/- pursuant to Ext.P2. Accordingly, interest

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WP(C) NO. 7325 OF 2020 ..4..

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of justice can be met, if the petitioner is directed to remit the amount of Rs.12,05,629/- in twelve equal monthly installments along with interest and other regular dues commencing from 16.08.2022. It was ordered accordingly. In case the petitioner makes default in any of the installments as above, the respondents are at liberty to proceed against the petitioner pursuant to Ext.P2, in accordance with law. To enable the petitioner to make the payments as above, all further coercive proceedings pursuant to Ext.P2 shall stand deferred.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SB/18/07/2022

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WP(C) NO. 7325 OF 2020 ..5..

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APPENDIX OF WP(C) 7325/2020

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PETITIONER EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED 14/11/2018 IN WPC NO. 36578/2018 OF THIS HONBLE COURT. EXHIBIT P2 THE TRUE COPY OF THE ORDER NO. DB/39/CABLE TV/2019-2020/2153 24/02/2020 ISSUED BY THE 3RD RESPONDENT. Exhibit P3 THE TRUE COPY OF THE RECEIPT NO.1841 DATED 18/3/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Sajayan P. v. Kerala State Electricity Board

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Sajayan P. v. Kerala State Electricity Board

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