Kerala High Court
R. Shaji vs The Kerala State Electricity Board on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14396 OF 2018
PETITIONER/S:
R. SHAJI
CHAIRMAN, SRI.SANKARA DENTAL COLLEGE,
AKATHUMURI, VARKALA,
THIRUVANANTHAPURAM DISTRICT, PIN- 695 318
BY ADVS.
C.MURALIKRISHNAN (PAYYANUR)
ABRAHAM GEORGE JACOB
AKSHAY R
RESPONDENT/S:
1 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS CHAIRMAN,VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN 695 004
2 THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY
C.C. NO.51/52, NEAR 110 KV SUB STATION, VYTTILA,
ERNAKULAM- 682 019
3 THE ASSESSING OFFICER/THE ASSISTANT ENGINEER
OFFICE OF THE ASSISTANT ENGINEER,
VARKALA ELECTRICAL SECTION,
KERALA STATE ELECTRICITY BOARD,
VARKALA, PIN- 695 141
BY ADV SRI.ARUNKUMAR A., SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P. (C) No.14396 of 2018 2
EASWARAN S. , J.
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W.P. (C) No.14396 of 2018
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Dated this the 11th day of April 2024
JUDGMENT
The present writ petition is filed challenging Exts.P4, P8 and P9 orders.
2. By Ext.P4, the petitioner's objection to provisional assessment under Section 126 of the Electricity Act, 2003 ('the Act', for short) on an inspection conducted by the Anti Power Threat Squad was rejected. Though the petitioner had filed Ext.P5 appeal, the same was also rejected pursuant to which, demand has been made under Section 3(9) of the Act. Ext.P8 is the order in appeal and Ext.P9 is the revised assessment order.
3. The learned counsel appearing for the petitioner submitted that the petitioner had applied for a fresh electric connection and that pending dues had been cleared.
Accordingly, the writ petition is closed as infructuous. However, liberty is granted to the petitioner to reopen the writ petition if any grievance subsists.
Sd/-
EASWARAN S.
NS JUDGE
W.P. (C) No.14396 of 2018 3
APPENDIX OF WP(C) 14396/2018
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE MAHAZAR PREPARED BY
THE APTS DATED 21-04-2017
EXHIBIT P2 A TRUE COPY OF THE PROVISIONAL
ASSESSMENT ORDER DATED 22-04-2017 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE OBJECTION DATED 29- 04-2017 SUBMITTED BY THE PETITIONER TO EXT.P2 EXHIBIT P4 A TRUE COPY OF THE ORDER NO.VKLA/04/17702/17-18/55 DATED 01-06- 2017 EXHIBIT P5 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER AGAINST EXT.P4 ORDER BEFORE THE 2ND RESPONDENT EXHIBIT P6 A TRUE COPY OF HE JUDGMENT DATED 13-07- 2017 IN WPC NO.22174/2017 OF THIS HON'BLE COURT EXHIBIT P7 A TRUE COPY OF THE RECEIPT NO.45250170728102108 DATED 28-07-2017 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE CHEQUE AND THE COVERING LETTER EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 07-03- 2018 IN APPEAL NO.322/2017 EXHIBIT P9 A TRUE COPY OF THE REVISED BIL AND DEMAND NO.BB/VKLA/UAL-REVISED-
17702/2017-18-5 DATED 26-03-2018