Kerala High Court
Rajan Nair B vs Kerala State Electricity Board Ltd on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:72699
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34144 OF 2024
PETITIONER(S):
RAJAN NAIR B
AGED 54 YEARS
S/O. LATE K. BALAKRISHNAN NAIR, MANAGING PARTNER, SMB
COMPLEX, SREE SARASWATHY & SREE KALEESWARY THEATRE,
KALIYIKKAVILA, PARASSALA, P.O, THIRUVANANTHAPURAM-
695 502, RESIDING AT SREEVINAYAKAM, ELAMKAM ROAD,
NEDUNGODE, KARAMANA P.O, THIRUVANANTHAPURAM.,
PIN - 695 002.
BY ADVS.
BIJU BALAKRISHNAN
K.R.RADHAKRISHNAN NAIR
V.S.RAKHEE
K.J.GISHA
AJMAL P.
AKSHAYA S.NAIR
AAFINA SANTHOSH
NASLA T.
RESPONDENT(S):
1 KERALA STATE ELECTRICITY BOARD LTD
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,,
REPRESENTED BY ITS SECRETARY, PIN - 695 004.
2 THE ASSISTANT EXECUTIVE ENGINEER
ELECTRICAL SUB DIVISION, KSEB LTD., PARASSALA,
THIRUVANANTHAPURAM- DISTRICT,, PIN - 695 550.
3 ASSISTANT ENGINEER
KSEB LTD, ELECTRICAL SECTION, PARASSALA,
THIRUVANANTHAPURAM., PIN - 695 502.
WP(C) NO. 34144 OF 2024 2
2024:KER:72699
4 THE SPECIAL OFFICER (REVENUE)
KERALA STATE ELECTRICITY BOARD LTD., OFFICE OF
THE SPECIAL OFFICER (REVENUE), VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM.,
PIN - 695 004.
5 KERALA STATE ELECTRICITY APPELLATE AUTHORITY
CC NO. 51/52, NEAR 110KV SUB STATION, VYTTILA,
KOCHI., PIN - 682 019.
BY ADV. RIJI RAJENDRAN -STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 34144 OF 2024 3
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DINESH KUMAR SINGH, J.
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W.P.(C) No. 34144 of 2024
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Dated this the 30th day of September, 2024
JUDGMENT
1. The present writ petition has been filed for the following reliefs;
I) Issue a Writ of certiorari for any other appropriate Writ / Order quashing Exhibit P10 Demand Notice dt.31.08.2024 of the 4th Respondent II) Issue a Writ of mandamus or any other appropriate Writ, order or direction commanding the respondent 1,2,3 and 4, not to proceed against the petitioner's firm on the basis of Exhibit P3, P6 and P10, pending disposal of Exhibit P8 statutory Appeal before the 5th respondent.
III) Issue such other order or direction, as this Hon'ble Court may deem fit and proper, including awarding of cost of the proceedings. IV) It is most humbly prayed that this Hon'ble Court may be pleased to dispense the English translation of vernacular documents. WP(C) NO. 34144 OF 2024 4
2024:KER:72699
2. The petitioner had already filed appeal against the assessment order passed under Section 126 of the Electricity Act, 2003 (hereinafter referred to as the 'Act' for short) before the Kerala State Electricity Appellate Authority under Section 127 of the Act. The Appellate Authority has directed the petitioner to remit 50% of the final assessment amount to maintain the appeal.
3. The learned Counsel for the petitioner submits that the petitioner had already deposited Rs. 10,00,000/- when they had approached the Appellate Authority at the first instance and the said amount should be deducted for making payment of the balance 50%.
4. The learned Counsel for the respondent Board does not have much objection to such a prayer.
5. As on today, the outstanding amount including interest up to 31.08.2024 is Rs. 81,77,627/-. 50% of the said amount would come to Rs. 40,88,814/-. In paragraph No. 8 of the writ petition it is said that Rs. 10,30,592/- has already been deposited by the petitioner before the Appellate Authority. WP(C) NO. 34144 OF 2024 5
2024:KER:72699
6. Considering the above submissions, the present writ petition is disposed of on the following terms;
(i) If the amount already deposited by the petitioner is still with the Appellate Authority, the petitioner should pay Rs. 30,58,222/- within a period of fifteen days from today.
(ii) However, if the said amount has been refunded to the petitioner, then the petitioner should pay Rs. 40,88,814/- within a period of fifteen days from today.
(iii) Subject to making payment as directed above, petitioner's electricity shall not be disconnected till the appeal is decided by the Appellate Authority subject to making regular payment of the bill raised for the consumption of the electricity by the petitioner.
Sd/-
DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 34144 OF 2024 6 2024:KER:72699 APPENDIX OF WP(C) 34144/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE SITE MAHAZAR DATED 22-02-2018.
Exhibit P2 TRUE COPY OF THE PROVISIONAL ASSESSMENT ORDER DATED 27-2-2018 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE FINAL ASSESSMENT ORDER DT.14.03.2018 Exhibit P4 TRUE COPY OF THE ORDER DT.30-06-2018 IN APPEAL NO. 111/2018 OF THE 5TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGEMENT DT.12.06.2019 IN WP(C) NO. 15967/2019. Exhibit P6 TRUE COPY OF THE PROCEEDINGS DT.20.05.2023 BY THE 4TH RESPONDENT. Exhibit P7 TRUE COPY OF THE JUDGMENT DT.31.07.2024 IN WP(C) NO. 19557/2023.
Exhibit P8 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ON 13.08.2024.
Exhibit P9 TRUE COPY OF THE NOTICE NO.
AA/GEN./2024-2025/430, DT.14.08.2024 ISSUED BY THE 5TH RESPONDENT TO PETITIONER.
Exhibit P10 COPY OF THE DEMAND NOTICE DT.31.08.2024 OF THE 4TH RESPONDENT TO THE PETITIONER.