Citation : 2021 Latest Caselaw 15551 Ker
Judgement Date : 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 14599 OF 2021
PETITIONER/S:
SANKAR SUBRAMONIAM
AGED 47 YEARS
S/O. SUBRAMONIA IYER, AUTHORISED SIGNATORY, AQUA
ENTERTAINMENTS PVT. LTD., RESIDING AT AISWARYA,
PAZHAVEEDU P.O, ALAPPUZHA-688 009
BY ADV S.SUJINI
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY ADDITIONAL CHIEF
SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
VYDHUTHI BHAVANAM, THIRUVANANTHAPURAM-695 004.
3 THE CHIEF ENGINEER, VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM-695 004.
4 THE DEPUTY CHIEF ENGINEER, KSEB CIRCLE OFFICE,
VYDUTHI BHAVANAM, NEAR POWER HOUSE BRIDGE,
ALAPPUZHA-688 007
5 THE SPECIAL OFFICER (REVENUE),
OFFICE OF THE SPECIAL OFFICER, (REVENUE), VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004
OTHER PRESENT:
SRI.RON BASTIAN,GP,SRISUDHEER GANESH KUMAR,
SC,KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 14599 OF 2021
-2-
A.M.BADAR, J.
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WP(C) NO. 14599 OF 2021
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Dated this the 23rd day of July, 2021
JUDGMENT
Heard the learned counsel for the petitioner. The petitioner is the consumer of the 2 nd respondent Kerala State Electricity Board. He challenges the demand notice Ext.P8 issued by the Electricity Board in respect of fixed charges of electricity. The contention of the petitioner is to the effect that to similar entertainment sectors 50% of concession is granted by the State Government.
2. Challenge to the demand notice at Ext.P8 is unmerited. It is of contractual matter between the petitioner and the Electricity Board and as per the contract, the demand notice for fixed charges has been issued. In this view of the matter, I see no merit in the petition, so far WP(C) NO. 14599 OF 2021
as challenge to demand notice Ext.P8 is considered.
So far as the concession to the Amusement Parks are concerned, the petitioner is free to approach the State Government by making appropriate representation.
With the above observations, this Writ Petition is closed.
sd A.M.BADAR, JUDGE.
dl/ WP(C) NO. 14599 OF 2021
APPENDIX OF WP(C) 14599/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PARTNERSHIP AGREEMENT DATED 08.05.2015.
Exhibit P2 TRUE COPY OF THE SANCTION LETTER DATED 07.10.2020 SPECIFYING THE INSTALLMENTS TO BE REMITTED BY THE PETITIONER ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE STATEMENT EVIDENCING PAYMENT OF THE INSTALLMENTS ON VARIOUS DATES.
Exhibit P4 TRUE COPY OF THE REPRESENTATION SENT TO THE 4TH RESPONDENT DATED 04.05.2021 BY REGISTERED POST.
Exhibit P5 TRUE COPY OF THE REPRESENTATION SENT TO THE 3RD RESPONDENT DATED 04.05.2021 BY REGISTERED POST.
Exhibit P6 TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE SENDING OF EXHIBIT P4 AND EXHIBIT P5 REPRESENTATIONS.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 04.05.2021 SUBMITTED TO THE HON'BLE MINISTER FOR ELECTRICITY.
Exhibit P8 TRUE COPY OF THE DEMAND NOTICE DATED 03.06.2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE MESSAGE RECEIVED ON 30.06.2021 INTIMATING THE ARREARS TO THE TUNE OF RS. 2,73,235/-
WP(C) NO. 14599 OF 2021
Exhibit P10 TRUE COPY OF THE ORDER B.O(FTD) NO.
511/2021 (KSEB/TRAC-D) COVID PANDEMIC
-TARIFF CONCESSION/2021-22) TVPM DATED 02.07.2021 OF THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 12.07.2021 ADDRESSED TO THE 2ND RESPONDENT SENT BY THE PETITIONER.
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