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Rohini Cable Network v. Kerala State Electricity Board - Kseb

Kerala HC19 Jun 2023WP(C)/9813/2023

Case brief

AI extract

What is this about?

The High Court permitted a cable network operator to pay outstanding pole rental dues in six equated monthly instalments. Respondents were directed to defer coercive proceedings pending timely payment.

What did the court decide?

Respondents directed to permit payment of outstanding dues in six equated monthly instalments and defer coercive proceedings; petitioner should renew the agreement.

Rohini Cable Network Vs Kerala State Electricity Board… — Property and Title | 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 MR.JUSTICE C.S.DIAS

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MONDAY, THE 19^TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

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WP(C) NO. 9813 OF 2023

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PETITIONER:

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ROHINI CABLE NETWORK XVI, 638, PERAYAM, UMAYANALLOOR P.O., KOLLAM, PIN – 691589 REPRESENTED BY ITS PROPRIETOR, ABJU P, AGED 51 YEARS, CHERUVALLIL VEEDU, PERAYAM, UMAYANALLOOR P.O., KOLLAM, PIN – 691589 BY ADVS. N.MANU THAMPI ABHILASH S.FRANCIS

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD - KSEB VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004

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2 THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, CHATHANNOOR, KOLLAM DISTRICT, PIN - 691572

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SRI B PREMOD - SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC No.9813 of 2023

JUDGMENT

Dated this the 19^th day of June, 2023

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The writ petition is filed to direct the 2^nd respondent

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to permit the petitioner to pay the outstanding dues in equated monthly instalments.

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The petitioner's case is that, it is a cable network operator in Kollam. Due to unforeseen circumstances, the petitioner could not pay the pole rentals on time. The respondents have now threatened to remove the cables from the poles belonging to the respondents. The petitioner has submitted Ext.P4 representation before the 2^nd respondent. The petitioner is ready to pay the outstanding amount in equated monthly instalments. Hence, the writ petition.

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Heard; Sri.Manu Thampi, the learned counsel appearing for the petitioner and Sri. B. Pramod, the learned standing counsel appearing for the respondents.

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Sri. B. Pramod, on instructions, submitted that as on today the outstanding amount is Rs.15,09,004/-.

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WPC No.9813 of 2023

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The respondents are willing to permit the petitioner to pay off the outstanding amount in six equated monthly instalments along with the regular monthly charges. The said submission is recorded.

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The learned counsel appearing for the petitioner submitted that the petitioner is ready to accept the above offer.

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Having considered the pleadings and materials on record and taking note of the limited relief that has been prayed for, I deem it appropriate to permit the petitioner to remit the above said amount in six equated monthly instalments, as stated by the Standing Counsel for the respondents.

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Resultantly, I dispose of the writ petition in the following manner:

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(i) The respondents are directed to defer further coercive proceedings as against the petitioner to enable the petitioner to pay the above outstanding amount in instalments.

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WPC No.9813 of 2023

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(ii) The petitioner is permitted to pay the

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outstanding amount as stated above with future interest to the 2^nd respondent – The Executive Engineer – in six equated monthly instalments commencing from 01.07.2023.

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(iii) Needless to mention, if the petitioner commits default of the condition ordered above, the petitioner would lose the benefit of this judgment and the respondents would be at liberty to proceed with coercive proceedings from the stage it presently stands.

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(iv) The petitioner shall also renew the agreement that is in force with the 2^nd respondent, in accordance with law, as expeditiously as possible.

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(v) It is made clear that, no further application for modification/extension of time shall be entertained.

Sd/-

C. S. DIAS

JUDGE

SK/19-06

WPC No.9813 of 2023

APPENDIX OF WP(C) 9813/2023

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PETITIONER'S EXH	IBITS :
EXHIBIT-P1	TRUE COPY BY THE 2ND	OF THE RECEIPT OF PAYMENT ISSUED RESPONDENT DATED 24.03.2022
EXHIBIT-P2	TRUE COPY BY THE 2ND	OF THE RECEIPT OF PAYMENT ISSUED RESPONDENT DATED 08.02.2023
EXHIBIT-P3	TRUE COPY BY THE 2ND	OF THE RECEIPT OF PAYMENT ISSUED RESPONDENT OFFICE DATED
	01.03.2023
EXHIBIT-P4	TRUE COPY BEFORE THE	OF THE REPRESENTATION SUBMITTED 2ND RESPONDENT DATED 03.03.2023

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RESPONDENTS' EXHIBITS : NIL

Rohini Cable Network v. Kerala State Electricity Board - Kseb

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Rohini Cable Network v. Kerala State Electricity Board - Kseb

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