Rajesh Kumar A vs The Kerala State Electricity ...
2021 Latest Caselaw 12723 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                 &

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

     THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943

                        WA NO. 632 OF 2021

    AGAINST THE JUDGMENT IN WP(C) 7846/2021 DT 25/3/21 OF HIGH
                          COURT OF KERALA

APPELLANT/S:


             RAJESH KUMAR A.
0




             AGED 44 YEARS
             S/O. (LATE) KUNCHUNAIR, ANIYATH HOUSE,
             PROPRIETOR, HI-POWER SATELLITE COMMUNICATIONS,
             EMS ROAD, CHERPULASSERY, PALAKKAD DT. -679503.


             BY ADV A.HAROON RASHEED




RESPONDENT/S:

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

       2     THE EXECUTIVE ENGINEER,
             ELECTRICAL DIVISION, K.S.E.B., SHORANUR, PALAKKAD
             DT. -679122.
  WA NO.       632 OF 2021
                                -:2:-

       3      THE ASSISTANT ENGINEER,
              ELECTRICAL SECTION, K.S.E.B, CHERPULASSERY,
              PALAKKAD DT. -679503.


OTHER PRESENT:

              BIMAL K NATH SRGP




THIS       WRIT   APPEAL   HAVING    COME    UP    FOR   ADMISSION   ON
03.06.2021,       THE   COURT   ON   THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
      A.MUHAMED MUSTAQUE & DR.KAUSER EDAPPAGATH, JJ.
                  =========================
                       W.A.No.632/2021
                  ~~~~~~~~~~~~~~~~~~~~~~~~~
             Dated this the 3rd day of June, 2021


                          J U D G M E N T

A.Muhamed Mustaque, J.

This writ appeal was filed challenging dismissal

of a writ petition filed by the appellant seeking

instalment facility for payment of electricity arrears.

2. The learned Single Judge declined to exercise

discretionary jurisdiction. According to the learned

counsel for the appellant, the appellant is a Cable

T.V. Operator, running a cable television network and

due to lockdown, he is unable to collect money from the

subscribers to clear his liabilities.

3. The learned Standing counsel pointed out that

there is liability pending from 2019 onwards, and the

appellant should have cleared the entire liabilities in

instalments by this time and having not chosen to

discharge the liabilities, he cannot seek any

indulgence from this court.

 WA NO.        632 OF 2021


    4.        We   also   find     no     reason   to   exercise    the

discretionary          relief     under     Article     226    of   the

Constitution to extend the time for payment of the

dues. To avoid any impending action, the appellant

shall clear the entire dues within six weeks from the

date of receipt of a copy of this judgment. If the appellant fails, thereafter, the respondents are free

to proceed in accordance with law.

The writ appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ln/ms