For Information Purpose Only vs Alliance Educational Foundation
2021 Latest Caselaw 7327 Ker

WP(C) 5287/2021                            1/3



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        Present:
                     THE HONOURABLE MR. JUSTICE A.M.BADAR

                  Tuesday,the 2nd day of March 2021/11th Phalguna, 1942
                                 WP(C) No.5287/2021(I)

      For information purpose only
PETITIONER

        ALLIANCE EDUCATIONAL FOUNDATION,
        MALAKKARA.P.O,KERALA-689532,REPRESENTED BY ITS GENERAL
        SECRETARY,MS.SUZANNE SHELTON BUCKLEY,AGED 74
        YEARS,D/O.MR.GLENN E SHELTON,RESIDING AT
        NANGIARETU,MALAKARA.P.O, KERALA-689532.

RESPONDENTS

1.       KERALA STATE ELECTRICITY BOARD LIMITED,
        ELECTRICAL SECTION,ARANMULA-689533, PATHANAMTHITTA Dtc.
        REPRESENTED BY SECRETARY.

2.      ASSISTANT ENGINEER,
        KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
        SECTION,ARANMULA-689533, PATHANAMTHITTA , Dtc.



     Writ Petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to direct the
respondent to not take any coercive action including disconnection of electricity
and stay the proceedings pursuant to Exhibits P14, P15, P16 and P17, in the
interest of justice .


     This petition coming on for admission upon perusing the petition and the
affidavit filed in support of WP(C) and upon hearing the arguments of M/S
DHANYA T MALLAR, SHRI.SREESANKAR.M, Advocates for the petitioner the
court passed the following
 WP(C) 5287/2021                             2/3




                                    A.M.BADAR, J.

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WP(C) No.5287 of 2021

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                         Dated this the 2nd day of March 2021


    For      information            ORDER
                                           purpose only

Heard the learned counsel for the petitioner. She submits that the respondents have issued bills for electricity charges from the year 2007 in contravention of the provisions of Section 56(2) of the Electricity Act, 2003, so also contrary to the provisions of Regulation 96(4) of the Electricity Supply Code. According to the learned counsel for the petitioner, the bills for consumption of electricity and in respect of wrong classification of consumers can be limited to twelve months only. It is further argued that the respondent cannot recover the electric charges for a period preceeding two years of furnishing the bill. The learned standing counsel appears for respondent Nos. 1 and 2 and submits that the petitioner has alternate and most efficacious remedy for approaching Consumer Grievance Redressal Forum under provisions of Section 42(5) of the Electricity Act, 2003 It is further argued that what is issued is a supplementary demand and as such, it is justified in the light of judgment of this Court. The learned counsel for the respondent seeks time to cite the necessary judgments. No interim relief. The payment made pursuant to electric bills shall be subject to the result of this writ petition.

Post next week.

sd/-

A.M.

BADAR,JUDGE Nsd

/true copy/ Sd/-

                                                               ASSISTANT REGISTRAR
 WP(C) 5287/2021                3/3

EXHIBIT P14 - TRUE COPY OF NOTICE DATED 10/02/2021 FOR CONNECTION NO.6019 ALONG WITH TRANSLATION.

EXHIBIT P15 - TRUE COPY OF THE NOTICE DATED 10/02/2021 FOR CONNECTION NO.7403 ALONG WITH TRANSLATION. For information purpose only EXHIBIT P16 - TRUE COPY OF NOTICE DATED 10/02/2021 FOR CONNECTION NO.8183 ALONG WITH TRANSLATION.

EXHIBIT P17 - TRUE COPY OF NOTICE DATED 10/02/2021 FOR CONNECTION NO.7277 ALONG WITH TRANSLATION.