Kerala High Court
R. Vikraman vs Kerala State Electricity Board - Kseb on 8 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
WP(C) NO. 9441 OF 2024
PETITIONER:
R. VIKRAMAN
AGED 80 YEARS,S/O. RAGHAVAN,
PROPRIETOR, BELL FOODS (MARINE DIVISION)
PALLICHAL ROAD, THOPPUMPADY,
COCHIN PIN - 682005.
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
AMEERA JOJO
MINNU DARWIN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD - KSEB
VYDHUTHI BHAVAN, THIRUVANANTHAPURAM
REPRESENTED BY ITS CHAIRMAN, PIN - 695001.
2 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD ELECTRICAL
SECTION, THOPPUMPADY KOCHI, PIN - 682005.
3 THE APPELLATE AUTHORITY
SRI. RADHAKRISHNAN B, DOOR NO 51/52
NEAR 110 KV SUB STATION,
VYTTILA, ERNAKULAM,
KOCHI, PIN - 682019.
4 THE DEPUTY TAHSILDAR
TALUK OFFICE KOCHI, PIN - 682001.
BY ADVS.
SRI.B.PRAMOD - STANDING COUNSEL
SRI.S.GOPINATHAN - SENIOR GOVERNMENT PLEADER
W.P.(C) No.9441/2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.9441/2024
:3:
JUDGMENT
Dated this the 8th day of April, 2024 The petitioner, who is having a seafood factory and a cold storage and an electrical connection, is now before this Court seeking to issue a writ of mandamus or any other appropriate writ, direction or order directing the 3 rd respondent to consider and dispose of Ext.P2 appeal and Ext.P3 stay petition as per law and till then the revenue recovery proceedings initiated as per Ext.P6 and P7 may be kept in abeyance.
2. The Standing Counsel entered appearance on behalf of respondents 1 and 2 and resisted the writ petition. The Standing Counsel pointed out that there is no bona fide in the writ petition as the petitioner has not effected necessary payment to meet the requirement of adjusting the security deposit amount of Rs.10,67,658/- towards the payment of 50% of the statutory fee required for maintaining the appeals preferred before the Appellate Authority. The total amount required for maintaining the two appeals before W.P.(C) No.9441/2024 :4: the Appellate Authority would come to Rs.12,41,893/- including the appeal fee of Rs.24,351/- to be remitted by the petitioner.
3. The Standing Counsel further pointed out that the amount that has been directed to be adjusted against the appeal fee from the security deposit held by the petitioner is only amounting to Rs.10,67,658/-. There is a short fall of Rs.1,74,235/- for maintaining the statutory appeals before the appellate authority.
4. With regard to the prayer seeking to stay the revenue recovery proceedings till the Appellate Authority considers and disposes of Ext.P2 appeal, the Standing Counsel submitted that the appeal is barred by res judicata, since the petitioner in the earlier W.P.(C) No.39305/2023 had raised the said prayer and sought for stay of revenue recovery proceedings.
5. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2 and the learned Senior Government Pleader W.P.(C) No.9441/2024 :5: representing the 4th respondent.
6. Both the petitioner and the respondents have advanced various legal arguments on maintainability of the appeal. However, I find that Ext.P2 appeal filed by the petitioner is a statutory appeal filed invoking Section 127 of the Electricity Act 2003. Ext.P2 being a statutory appeal, once the same is submitted, the competent Appellate Authorities have to consider the same in accordance with law and pass orders, if the petitioner satisfies all other parameters required for consideration of the appeal.
7. Therefore, the 3rd respondent is directed to consider Ext.P2 appeal and Ext.P3 Stay Petition and take appropriate decision thereon within a period of two months. The revenue recovery proceedings against the petitioner shall stand deferred till the Appellate Authority passes orders.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE ACR W.P.(C) No.9441/2024 :6: APPENDIX OF WP(C) 9441/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.
4/2017-2018 PENAL BILL/AE TPDY/DATED 14/08/2017 ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF APPEAL MEMORANDUM DATED 25/11/2022 FILED ON 30/11/2022 BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF PETITION FOR STAY DATED 25/11/2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE PETITION DATED 25/11/2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF LETTER NO. AA/GEN/2022- 23/427 DATED 06/12/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P6 TRUE COPY OF NOTICE RRC.
NO.2023/21737/07 DATED 30/11/2023
ISSUED BY THE 4TH RESPONDENT TO
PETITIONER
Exhibit P7 TRUE COPY OF NOTICE FOR ATTACHMENT OF
PROPERTY RRC. NO.2023/21737/07 DATED 14/12/2023 ISSUED BY THE 4TH RESPONDENT TO PETITIONER Exhibit P8 TRUE COPY OF JUDGMENT DATED 26/02/2024 IN WPC NO. 39305 OF 2023 PASSED BY THIS HON'BLE COURT.