Krishnakumar K.C vs State Of Kerala
2021 Latest Caselaw 11111 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8813 OF 2021(B)


PETITIONER:
               KRISHNAKUMAR K.C.
               AGED 50 YEARS
               S/O CHALLAPPAN PILLAI,KRISHNAKRIPA,
               K K ASSOCIATES, C A 369,KOTTARAKKARA,
               KOLLAM-691506.
               BY ADVS.
               SRI.PRAVEEN K. JOY
               SRI.E.S.SANEEJ
RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY,
               DEPARTMENT OF ENERGY AND POWER
               SECRETARIAT,THIRUVANANTHAPURAM-695001.
      2        KERALA STATE ELECTRICITY LICENSING BOARD,
               REPRESENTED BY ITS PRESIDENT,HB BUILDING,
               SANTHI NAGAR,THYCAUD,TRIVANDRUM-695001.
      3        THE SECRETARY,
               KERALA STATE ELECTRICITY LICENSING BOARD,
               HB BUILDING,SANTHI NAGAR,THYCAUD,
               TRIVANDRUM-695001.
      4        ELECTRICAL INSPECTOR,
               CHIEF ELECTRICAL INSPECTORATE,
               HB BUILDING,SANTHI NAGAR,PULIMOODU,
               TRIVANDRUM-695001.
      5        ELECTRICAL INSPECTOR,
               ELECTRICAL INSPECTORATE,RAVI CHAMBERS,
               BEACH ROAD,KOLLAM-691001.
      6        THE MANAGING DIRECTOR,
               DELHI PUBLIC SCHOOL,MEEYANOOR,
               ADICHANELLOOR,KOLLAM-691573.

               SMT.PRINCY XAVIER, GP,
               SRI.SUDHEER GANESH KUMAR,SC,KSE LICENSING BOARD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8813 of 2021(B)


                                        :2:




                                    JUDGMENT

Dated this the 07th day of April 2021

The petitioner has approached this Court

aggrieved by Ext.P10 order. The petitioner had filed

an appeal against Ext.P2 order and this Court in

Ext.P8 judgment directed the 1st respondent to pass

orders on it after affording an opportunity of hearing

to the petitioner and other stake holders. Ext.P10 is

the order passed thereafter by the Government in the

appeal. The last three paragraphs of Ext.P10 order

passed by the Government would show that the

Government authorised the original authority - the 3 rd

respondent who had passed Ext.P2 order to conduct the

personal hearing and submit a report. Ext.P10 order

is passed on the basis of such a report submitted by

the 3rd respondent who heard the petitioner on the

appeal against the order passed by the 3rd respondent

himself. Therefore, there is clear violation of

Ext.P8 judgment. Even otherwise an appeal is not to WP(C).No.8813 of 2021(B)

be heard by the authority who passed the order

impugned in the appeal. Ext.P10 is therefore, set

aside.

2. There shall be a direction to the 1st

respondent to re-consider Ext.P2 appeal after

affording an opportunity of hearing to the petitioner

as well as the 6th respondent and other stake holders

if any, as directed by this Court in Ext.P8 judgment.

3. The 2nd respondent shall also consider the

application for stay of Ext.P2 order submitted by the

petitioner and pass orders on it within a period of

one week from the date of receipt of a copy of the

judgment. Orders on the appeal shall be passed within

a period of two months from the date of receipt of a

copy of the judgment.

The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.8813 of 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF ORDER NO.B1-06013/20/EIQ DATED 26.11.2020 OF ELECTRICAL INSPECTOR,KOLLAM

EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.D1-

22939/2020/C.E.I OF SECRETARY,KERALA STATE ELECTRICITY BOARD,DATED 23.12.2020

EXHIBIT P3 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE KERALA STATE ELECTRICITY LICENSING BOARD DATED 07.01.2020

EXHIBIT P4 THE TRUE COPY OF THE FINAL BILL NO.14 SUBMITTED TO THE 6TH RESPONDENT DATED 25.07.2020

EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 14.09.2020,WHICH WAS SUBMITTED ON 30.12.2020 BEFORE 5TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF CHALLAN FOR ELECTRICAL INSTALLATION INITIAL INSPECTION FEE DATED 30.12.2020 FOR AMOUNT OF RS.5000/-

EXHIBIT P7 THE TRUE COPY OF CHALLAN FOR ELECTRICAL INSTALLATION INITIAL INSPECTION FEE DATED 30.12.2020 FOR AMOUNT OF RS.3470/-

EXHIBIT P8 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.939/2021 DATED 13.01.2021

EXHIBIT P9 THE TRUE COPY OF THE HEARING NOTICE DATED 16.02.2021 OF THE 3RD RESPONDENT

EXHIBIT P10 THE TRUE COPY OF THE ORDER NO.GO(RT)NO.46/2021/E.D.DATED 19.03.2021.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE