IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA,
1944
WP(C) NO. 11826 OF 2011
PETITIONER/S:
1 DHAMODHARAN NAIR
MATHRAKKAL VEEDU, PUNNAKULAM, KOTTUKAL.P.O,,
BALARAMAPURAM, THIRUVANANTHAPURAM.
2 V.SANTHAKUMARI AMMA
W/O.DAMODHARAN NAIR K(LATE), RESIDING AT
MATHRAKKAL VEEDU, PUNNAKULAM, KOTTUKAL (PO),
BALARAMAPURAM, THIRUVANANTHAPURAM
BY ADVS.
SRI.M.RAJAGOPALAN NAIR
SRI.G.BIJU
RESPONDENT/S:
1 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD,, KOTTUKAL SUB
DIVISION,, UCHAKADA, PAYATTUVILA.P.O,,
BALARAMAPURAM, THIRUVANANTHAPURAM -695 501.
2 THE ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD,, ELECTRICAL SUB
DIVISON, BALARAMAPURAM,, THIRUVANANTHAPURAM -695
501.
3 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY,, VYDHUTHI BHAVAN,
PATTOM,, THIRUVANANTHAPURAM -695 001.
BY ADVS.
SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY
BOARD LIMIT
SRI.PULIKOOL ABUBACKER, SC, KSEB
SRI.P.P.THAJUDEEN, SC, K.S.E.B
-2-
W.P.(C). No. 11826 of 2011
OTHER PRESENT:
SRI.B.PREMOD, SC(KSEB)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 11826 of 2011
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 11826 of 2011
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Dated this the 9th day of November, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"i) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibits-P5. P6 and P10 and to quash the same.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the first respondent to restore the electric supply to petitioner in consumer No.1887 of Kottukal Electrical Section and to restore the tariff to LT V category.
iii) Issue any other appropriate writ, order or direction, declaring that, first respondent has no authority to change the tariff of electric connection.
iv) Issue such other reliefs, which this Hon'ble Court deems, fit to grant considering the facts and circumstances of the case." (sic)
2. The main prayer in this writ petition is against Exts.P5, P6 and P10. When this writ petition came up for consideration, the Standing Counsel appearing for the -4- W.P.(C). No. 11826 of 2011 respondents submitted that the petitioner has got an alternative remedy before the Consumer Grievances Redressal Forum against these proceedings.
3. When this writ petition came up for consideration on 11.04.2011, this Court passed the following order:
"Admit. Sri.P.P.Thajudeen, the learned Standing Counsel takes notice for respondents.
There will be an interim order directing the respondents to restore electricity connection on the petitioner remitting the amount demanded in Ext.P6 notice. The petitioner shall also pay the re- connection charges and energy charges as per the bills issued from time to time, subject to the outcome of the writ petition. Post along with W.P.(C) No.1085/2011."
4. Today, WP(C) No.1085 of 2011 is already disposed of directing the assessing officer to finalise the provisional assessment. In this case, the petitioner can challenge the impugned orders before the Consumer Grievances Redressal -5- W.P.(C). No. 11826 of 2011 Forum. To facilitate the petitioner to file appropriate proceedings before the authority concerned, all coercive steps can be deferred for a period of three months.
Therefore, this writ petition is disposed of in the following manner:
1. All coercive steps based on Exts.P5, P6 and P10 are deferred for a period of three months.
2. In the meanwhile, the petitioner is free to approach the Consumer Grievances Redressal Forum with appropriate petition.
SD/-
P.V.KUNHIKRISHNAN JUDGE das -6- W.P.(C). No. 11826 of 2011 APPENDIX OF WP(C) 11826/2011 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 4.12.2010 ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE MAHAZAR DATED 4.12.2010 Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY PETITIONER Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 12.1.2011 IN WPC NO.1085/2011 Exhibit P5 TRUE COPY OF THE ELECTRICITY BILL DATED 8.12.2020 Exhibit P6 TRUE COPY OF THE ELECTRICITY BILL DATED 8.2.2011 Exhibit P7 TRUE COPY OF THE NOTICE DATED 4.2.2011 ISSUED BY FIRST RESPONDENT Exhibit P8 TRUE COPY OF THE OBJECTION TO EXHIBIT P7 SUBMITTED BY THE PETITIONER Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT BY PETITIONER Exhibit P10 TRUE COPY OF THE REPLY GIVEN BY 2ND RESPONDENT TO EXT.P9.
ANNEXURE A1 TRUE COPY OF THE DEATH CERTIFICATE OF MY LATE HUSBAND DATED 27.11.2013 ANNEXURE A2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, NEYYATTINKARA DATED 7.5.2014.