Disposed

Manager v. Kerala State Electricity Board

Kerala HC13 Dec 2023WP(C)/14490/2015

Case brief

AI extract

What is this about?

This Court in a writ petition regarding alleged erroneous electricity tariffs quashed the proceedings and directed the petitioner to approach the Appellate Authority under Section 127 of the Electricity Act, 2003, staying the final bills for two months.

What did the court decide?

Petitioner directed to approach Appellate Authority under Section 127(1) of Electricity Act, 2003 within one month; final bills (Exts. P10-P13) stayed for two months.

Manager Vs Kerala State Electricity Board — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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WEDNESDAY, THE 13^TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945

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WP(C) NO. 14490 OF 2015

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PETITIONER:

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MANAGER AGED 63 YEARS SULLAMUSSALAM SCIENCE COLLEGE, AREACODE, UGRAPURAM P.O., MALAPPURAM DISTRICT-673639.

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BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN-695001.

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2 EXECUTIVE ENGINEER ANTI POWER THEFT SQUAD, NORTHERN REGIONL, KOZHIKODE673001.

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3 ASST ENGINEER ELECTRICAL SECTION, K.S.E.B.,

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OTHER PRESENT:

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SRI. B.PREMOD -SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.14490 OF 2015

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JUDGMENT

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The petitioner approached this Court with the

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following prayers:-

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(I) To issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts.P1 to P8 and P10 and P13 and quash the same;

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(II) To issue a writ of mandamus or any other appropriate writ or order or direction declaring that the petitioner's institution is governed by VI.A tariff and VI.B tariff in respect of consumer No.30901 and not under VI.F tariff”

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2. Petitioner is an aided institution having

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four consumer connections under tariffs VIA and VIB.

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While so, the Anti Power Theft Squad conducted inspection and prepared mahazars in respect of four different consumer numbers and the provisional assessment bills Exts.P1 to P8 were served on the petitioner. On receipt of the above bills, the petitioner filed objection before the third

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W.P(C) NO.14490 OF 2015

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respondent- Assistant Engineer and without considering the contentions raised by the petitioner, the third respondent issued final bills Exts.P10 to P13. Aggrieved by the same, the petitioner has approached this Court with the above writ petition.

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3. Learned Standing Counsel for the respondents submits that electricity connection provided was used for some other self-financing institutions run by the petitioner and hence the tariff applicable to the petitioner is VIIA and the tariff applicable at that time to the petitioner's connection ought to have been VIF instead of VIA and VIB. It is further submitted that the statutory remedy available to the petitioner is of filing an appeal before the Appellate Authority as per Section 127 of

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the Electricity Act,2003 within thirty days of the final order of the assessing authority issued under Section 126 for unauthorised use of electricity. Learned counsel for the petitioner submits that

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W.P(C) NO.14490 OF 2015

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immediately on receipt of the final bill, the petitioner had moved this Court by filing the above writ petition. Hence, while filing appeal, the period during which the writ petition was pending before this Court may be exempted.

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4. On a consideration of the entire facts and circumstances of the case, I am of the opinion that, this writ petition can be disposed of with a direction to the petitioner to approach the Appellate Authority by way of appeal.

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Accordingly, the writ petition is disposed of with the following directions:-

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i. The petitioner is directed to approach the Appellate Authority under Section 127(1) of the Electricity Act,2003 by way of appeal along with an application for stay or any other applications, in accordance with law, within a period of

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W.P(C) NO.14490 OF 2015

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one month from the date of receipt of certified copy of this judgment.

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ii. The operation and implementation of Exts.P10 to P13 is stayed for a period of two months from today.

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iii. It is made clear that while considering the appeal, the appellate authority shall take into consideration the period during which the writ petition was pending before this Court.

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iv. The petitioner shall produce a certified copy of this judgment along with a copy of the writ petition before the appellate authority for information and compliance.

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v. If the petitioner fails to comply with the above direction, the petitioner

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W.P(C) NO.14490 OF 2015

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shall not get the benefits of the above

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judgment.

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Sd/-

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SHOBA ANNAMMA EAPEN, JUDGE

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MBS/

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W.P(C) NO.14490 OF 2015

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APPENDIX OF WP(C) 14490/2015

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PETITIONER'S EXHIBITS:-

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EXHIBIT-P1: TRUE COPY OF THE MAHZAR IN CONSUMER NO.29134, DATED 26.3.2015.

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EXHIBIT-P2: TRUE COPY OF THE MAHZAR IN CONSUMER NO.16463 DATED 26.3.2015.

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EXHIBIT-P3: TRUE COPY OF THE MAHZAR IN CONSUMER NO.28499 DATED 26.3.2015.

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EXHIBIT-P4: TRUE COPY OF THE MAHZAR IN CONSUMER NO.30901 DATED 26.3.2015.

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EXHIBIT-P5: TRUE COPY OF THE PROVISIONAL ASSESSMENT BILLS WITH ORDER OF THE 3RD RESPONDENT DATED 30.3.2015 IN CONSUMER NO.29134.

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EXHIBIT-P6: TRUE COPY OF THE PROVISIONAL ASSESSMENT BILLS WITH ORDER OF THE 3RD RESPONDENT DATED 30.3.2015 IN CONSUMER NO.1643.

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EXHIBIT-P7: TRUE COPY OF THE PROVISIONAL ASSESSMENT BILLS WITH ORDER OF THE 3RD RESPONDENT DATED 30.3.2015 IN CONSUMER NO.28499.

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EXHIBIT-P8: TRUE COPY OF THE PROVISIONAL ASSESSMENT BILLS WITH ORDER OF THE 3RD RESPONDENT DATED 30.3.2015 IN CONSUMER NO.30901.

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EXHIBIT-P9: TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 6.4.2015.

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EXHIBIT-P10: TRUE COPY OF THE ORDER PASSED

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W.P(C) NO.14490 OF 2015

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BY THE 3RD RESPONDENT DATED 29.4.2015 IN CONSUMER NO.29134.

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EXHIBIT-P11: TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 29.4.2015 IN CONSUMER NO.1643.

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EXHIBIT-P12: TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 29.4.2015 IN CONSUMER NO.28499.

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EXHIBIT-P13: TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 29.4.2015 IN CONSUMER NO.30901.

Manager v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Manager v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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