M. Philip vs State Of Kerala
2021 Latest Caselaw 3803 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                 &

         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

 TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      OP.No.22205 OF 2001(S)

PETITIONER:
              M. PHILIP,
              AGED 36 YEARS, S/O. MANI,
              PRECOT COLONY P.O.,
              PALAKKAD.

              BY ADVS.
              SRI.MATHEW JOHN (K)
              SRI.BABY THOMAS

RESPONDENTS:
      1     STATE OF KERALA,
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            POWERA DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM

     2        THE KERALA STATE ELECTRICITY BOARD
              REPRESENTED BY ITS SECRETARY
              VYDHYUTHIBHAVANAM, PATTOM PALACE P.O.
              THIRUVANANTHAPURAM.

     3        THE SPECIAL OFFICER, (REVENUE),
              THE KERALA STATE ELECTRICITY BOARD
              VYDHYUTHIBHAVANAM, PATTOM PALACE P.O.
              THIRUVANANTHAPURAM.

     4        HITECH ELECTROTHERMICS AND HYDROPOWER LIMITED,
              SWATHI COURTS, 112-B/KHATTOOR STREET,
              COIMBATORE 641 037

              R1   BY SR. GOVERNMENT PLEADER SRI. V. TEKCHAND
              BY   ADV. SRI.ANIL THOMAS MELEMALAYIL
              BY   ADV. SRI.S.PARAMESWARAN
              BY   ADV. SRI.PRAMOD J.DEV
              BY   ADV. SRI.P.SANTHALINGAM SR.
              BY   ADV. SRI.C.K.KARUNAKARAN, SC, FOR KSEB
              BY   ADV. SRI.S.SHARANSCK.S.E.BOARD
              BY   SRI.P.A.AHAMED, SC, KSEB LIMITED

     THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
        O.P. No.22205/2001
                                           2


                                     JUDGMENT

Dated this the 2nd day of February, 2021

S. Manikumar, CJ.

Petitioner has sought for the following reliefs:

"Issue a writ in the nature of mandamus commanding respondent No.2 to forthwith realise all electricity charges due from the 4th respondent on the basis of the ruling tariff including arrears due in that behalf from the time at which it started commercial production.

Issue a writ in the nature of mandamus commanding the second respondent to take appropriate action against 4 th respondent under Section 24 of the Electricity Act including disconnection of electric supply and proceeding under the Revenue Recovery Act for recovery of arrears actually due from the 4th respondent."

2. Mr. Aby J. Augustine, learned counsel representing the

counsel on record submitted that the matter has become infructuous.

Placing on record the above, writ petition is dismissed as infructuous.

Sd/-

S. Manikumar, Chief Justice

Sd/-

Shaji P. Chaly, Judge sou.