Writ petition challenging delay in considering representation and implementation of board order dismissing petition prayers. Court did not stay board order.
Directed 2nd respondent to consider Ext.P2 representation and pass orders within six weeks; expressly denied stay on Ext.P1 order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944
WP(C) NO. 42764 OF 2022
PETITIONER/S:
JASEERA SHAFI
AGED 37 YEARS
W/O.MOHAMMED SHAFI.R, PROPRIETOR, PUNARTHAM CABLE
VISION,
IYNA GARDENS, KOCHATTUKKAL, CHULLIMANOOR.P.O,
THIRUVANANTHAPURAM. PIN-695541.
BY ADVS.
M.A.ABDUL HAKHIM
JOSEPH GEORGE
M.A.AZEEZ MUSHTAQUE
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.2 DIRECTOR (EX-OFFICIO) PRINCIPAL SECRETARY, POWER DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.OTHER PRESENT:
ADV. B. PREMCHAND, SC FOR KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 42764 of 2022
P.V.KUNHIKRISHNAN, J.
W.P.(C) No.42764 of 2022
Dated this the 5th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
“a) Issue a writ of mandamus or such other writ order or direction compelling the 1st respondent to extend the time period mentioned in Ext.P1 expiring on 31/12/2022 by another six.
b) Issue a writ of mandamus or such other writ order or direction compelling the 2nd respondent to dispose Ext.P2 Representation within such limited time as this Hon’ble Court shall deem just and direct the 1st respondent not to implement the removal of cables mentioned in Ext.P1 till the disposal of Ext.P2.
c) Grant such other reliefs as this Hon’ble Court shall deem just.” (sic)
the Chief Minister of Kerala and as per Ext.P3 SMS received by
the petitioner in his phone, it is stated that the same is forwarded
to the 2nd respondent. The grievance of the petitioner is that the
same is not considered and in the meanwhile, electricity board is
proceeding based on Ext.P1. Hence, this writ petition.
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W.P.(C). No. 42764 of 2022
Counsel appearing for the electricity board and also the
Government Pleader.
Therefore, this writ petition is disposed of directing the 2nd respondent to consider Ext.P2 application and pass appropriate orders in it, in accordance to law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. sd/-
P.V.KUNHIKRISHNAN JUDGE
das
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W.P.(C). No. 42764 of 2022
APPENDIX OF WP(C) 42764/2022
PETITIONER EXHIBITS
Exhibit P1A PHOTOSTAT COPY OF THE BOARD ORDER
DATED 28/09/2022 ISSUED BY THE 1ST
RESPONDENT .
Exhibit P2A PHOTOSTAT COPY OF THE REPRESENTATION
DATED 19/12/2022 SUBMITTED BY THE
PETITIONER TO THE HON'BLE CHIEF
MINISTER OF KERALA .
Exhibit P3A PHOTOSTAT COPY OF THE ACKNOWLEDGEMENT
DATED 19/12/2022 ISSUED BY THE OFFICE
OF THE CHIEF MINISTER .
Exhibit P4A TRUE COPY OF THE SMS RECEIVED BY THE
PETITIONER ON HER MOBILE NUMBER
9544752336.
1 issue framed by the court
Whether the respondent is directed to consider a representation submitted by the petitioner regarding cable removal.
Jaseera Shafi
Kerala State Electricity Board
Director (Ex-Officio) Principal Secretary, Power Department
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court