Kumarakom Aquaserene (Pvt) ... vs Kerala State Electricity Board ...
2021 Latest Caselaw 3991 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.379 OF 2021(V)


PETITIONER:

               KUMARAKOM AQUASERENE (PVT) LIMITED
               AGED 59 YEARS
               REPRESENTED BY ITS MANAGING DIRECTOR, RAJEEV V.K,
               7/181, 183, 185, 186 AND 187, ACHINAKOM, KUDAVACHOOR
               P.O, KOTTAYAM - 686144.

               BY ADVS.
               SRI.P.B.SAHASRANAMAN
               SRI.T.S.HARIKUMAR
               SMT.G.N.DEEPA

RESPONDENTS:

      1        KERALA STATE ELECTRICITY BOARD LIMITED
               REPRESENTED BY ITS SECRETARY , VYDUTHI BHAVANAM,
               PATTOM, THIRUVANANTHAPURAM - 695004.

      2        THE SPECIAL OFFICER(REVENUE),
               KERALA STATE ELECTRICITY BOARD LIMITED, VYDUTHI
               BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695004.

      3        THE CHIEF ENGINEER
               KERALA STATE ELECTRICITY BOARD LIMITED, VYDUTHI
               BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695004.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, ALONG WITH WP(C).865/2018(G), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).No.379 OF 2021(V)

                                        2

                                 JUDGMENT

Dated this the 3rd day of February 2021

Heard both sides.

2. By this petition, the petitioner who is conducting Three Star

Hotel is praying for quashing and setting aside notice claiming arrears of

consumption of electric charges at Ext.P1.

3. Learned counsel for the petitioner argue that though, the

representation at Ext.P2 is still pending, the petition can be disposed of with

a direction to the respondents to accept the arrears of electricity charges in

some installments.

4. The learned counsel for the respondents submits that six

monthly installments be granted to the petitioner for clearing the entire

arrears.

5. Considering the facts and circumstances of the instant case, the

petition is disposed of with the following directions.

6. The petitioner to clear the entire arrears of consumption of

electricity charges in eight equated monthly installments commencing from

15.02.2021, apart from regular payment of electric charges. If the petitioner

continues to pay the electric charges as directed, the respondents shall not

discontinue the electric supply to the premises of the petitioner.

Sd/-

                                                   A.M.BADAR
Nsd                                                      JUDGE
 WP(C).No.379 OF 2021(V)




               APPENDIX OF WP(C) 379/2021
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                TRUE PHOTOSTAT COPY OF THE ARREAR NOTICE
                          ISSUED BY THE 2ND RESPONDENT TO THE
                          PETITIONER, DATED 21.12.2020.

EXHIBIT P2                TRUE PHOTOSTAT COPY OF THE REPRESENTATION
                          MADE BY THE PETITIONER TO THE 3RD
                          RESPONDENT, DATED 28.12.2020.
/true copy//Pa to Judge