Mango Meadows Agricultural Pleasure ... vs State Of Kerala

Citation : 2024 Latest Caselaw 11387 Ker
Judgement Date : 19 April, 2024

Kerala High Court

Mango Meadows Agricultural Pleasure ... vs State Of Kerala on 19 April, 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                WP(C) NO. 15954 OF 2024
PETITIONER:

         MANGO MEADOWS AGRICULTURAL PLEASURE
         LAND PVT. LTD.,
         COMPANY INCORPORATED UNDER THE PROVISIONS OF
         THE INDIAN COMPANIES ACT, 2013,
         HAVING ITS REGISTERED OFFICE AT
         BUILDING NO. XV/175A, MANGO MEADOWS,
         AYAMKUDY P.O., KADUTHURUTHI, KOTTAYAM DISTRICT
         PIN- 686 613. REPRESENTED BY ITS MANAGING
         DIRECTOR, N.K.KURIEN.

         BY ADVS.
              P.C.HARIDAS
              SAJU JOHN

RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT
         OF POWER, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN- 659 001.

    2    THE KERALA STATE ELECTRICITY BOARD,
         VAIDUTHIBHAVAN, PATTOM,
         THIRUVANANTHAPURAM- 695 004
         REPRESENTED BY ITS CHAIRMAN.

    3    THE DIRECTOR OF FINANCE AND HRM,
         THE KERALA STATE ELECTRICITY BOARD,
         VAIDUTHIBHAVAN, PATTOM,
         THIRUVANANTHAPURAM- 695 004.

    4    THE DEPUTY CHIEF ENGINEER,
         KERALA STATE ELECTRICITY BOARD,
         PALLOM, KOTTAYAM DISTRICT- 686 007.
 W.P.(C) No.15954 of 2024
                                   :2:


     5      THE SPECIAL OFFICER (REVENUE), KSEB
            PATTOM, THIRUVANANTHAPURAM- 695 004.

     6      THE SUPERINTENDING ENGINEER,
            KERALA STATE ELECTRICITY BOARD, OFFICE OF
            THE SUPERINTENDING ENGINEER, KADUTHURUTY,
            KOTTAYAM DISTRICT- 686 604.

            BY ADV
                 B PREMOD, STANDING COUNSEL FOR KSEB


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.04.2024,    THE    COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.15954 of 2024
                                :3:



                            JUDGMENT

Dated this the 19th day of April, 2024 The writ petition is filed seeking a direction to respondents 2 and 6 to reinstate the electric connection given to the premises of the petitioner.

2. When the case is taken up today, the learned Counsel for the petitioner submits that the petitioner is ready and willing to remit an amount of Rs.5,00,000/- (Rupees Five Lakh Only) immediately and the balance outstanding amount shall be paid in three equal and consecutive monthly instalments.

3. Standing Counsel appearing for the Kerala State Electricity Board submits that the total outstanding amount payable by the petitioner is Rs.11,64,443/- as on 02.04.2024. If the petitioner is remitting an amount of Rs.5,00,000/- (Rupees Five Lakh Only) immediately and the balance outstanding amount shall be paid in three equal monthly instalments, then the Kerala State Electricity Board is ready and willing to receive the payments and reinstate the electric connection forthwith. W.P.(C) No.15954 of 2024 :4:

Accordingly, the writ petition is disposed of with the following direction:

(i) The petitioner shall remit an amount of Rs.5,00,000/- (Rupees Five Lakh Only) immediately and balance outstanding amount in subsequent consecutive three equal monthly instalments. First of such instalments shall be paid on or before 20.05.2024.
(ii) On payment of an amount of Rs.5,00,000/-

(Rupees Five Lakhs Only), the KSEB shall reinstate the electric connection to the petitioner's premises.

(iii) If the petitioner commits single default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE AMR W.P.(C) No.15954 of 2024 :5: APPENDIX OF WP(C) 15954/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 04.03.2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 12/04/2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 TO 5 AND THE MINISTER. Exhibit P3 TRUE COPY OF THE RECEIPTS DATED 23.02.2024 ISSUED BY THE ASSISTANT FINANCIAL OFFICER IN THE OFFICE OF THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPTS DATED 29.02.2024 ISSUED BY THE ASSISTANT FINANCIAL OFFICER IN THE OFFICE OF THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 02.04.2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.