Charlie Joseph vs The Kerala State Electricity ...
2021 Latest Caselaw 9709 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.22420 OF 2009(V)


PETITIONER/S:

                CHARLIE JOSEPH, PROPRIETOR,J.P.ICE PLANT,
                SAKTHIKULANGARA PO, KOLLAM DIST.

                BY ADV. SRI.B.MOHANLAL

RESPONDENT/S:

      1         THE KERALA STATE ELECTRICITY BOARD
                REP,.BY ITS SECRETARY,, VAYDYUTHI BHAVANAM,, PATTOM,,
                THIRUVANATNHAPURAM.

      2         THE EXECUTIVE ENGINEER
                KSEB, ELECTRICAL DIVISION,, KOLLAM,.

      3         THE ASSISTANT EXECUTIVE ENGINEER
                KSEB, ELECTRICAL MAJOR SECTION,, SAKTHIKULANGARA,
                KOLLAM.

      4         THE CONSUMERS GRIEVANCE REDRESSAL
                FORUM (SOUTH), KSEB,VYDYUTHI BHAVANAM, KOTTARAKKARA.

      5         THE STATE ELECTRICITY OMBUDSMAN
                THAANATH BUILDING, CLUB JUNCTION,,
                POOKKATTUPADI ROAD, EDAPPALLY TOLL,
                COCHIN- 682 024, .

                R1 BY SRI.N.RAPHY RAJ, SC, KERALA STATE ELECTRICITY
                BOARD LIMITED
                R1 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B
                R1 BY ADV. SMT.P.K.RADHIKA-KSEB
                R1-3 BY ADV. SRI.N.SATHEESH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD             ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22420 OF 2009                    2



                                 JUDGMENT

Dated this the 23rd day of March 2021

Learned counsel for the petitioner has filed I.A. No.2 of 2021 for

closing the writ petition, permitting the petitioner to remit the

liability as per Ext.P23 without prejudice to the right of the

petitioner to challenge the proceedings of the respondents adversely

affect the liability towards energy charges.

The writ petition is accordingly closed, permitting the petitioner

to remit the liability due and payable.

Sd/-

                                                     A.M.BADAR

ajt                                                   JUDGE




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           A TRUE COPY OF THE DEMAND NOTICE DATED
                     10/10/1999.

EXHIBIT P2           A TRUE COPY OF THE DEMAND NOTICE DATED
                     10/11/1999.

EXHIBIT P3           A TRUE COPY OF THE DEMAND NOTICE DATED
                     04/12/1999.

EXHIBIT P4           A TRUE COPY OF THE MEMORANDUM OF APPEAL
                     DATED 16/12/1999.

EXHIBIT P5           A TRUE COPY OF THE MAHAZAR PREPARED BY THE

3RD RESPONDENT ON 25/01/2000.

EXHIBIT P6 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 25/01/2000.

EXHIBIT P7 A TRUE COPY OF THE DEMAND NOTICE DATED 10/12/1999.

EXHIBIT P8 A TRUE COPY OF THE DEMAND NOTICE DATED 10/01/2000 FOR A SUM OF RS.20,601/-.

EXHIBIT P9 A TRUE COPY OF THE DEMAND NOTICE DATED 15/02/2000 FOR A SUM OF RS.39,374/-

EXHIBIT P10 A TRUE COPY OF THE DEMAND NOTICE DATED 28/02/2000.

EXHIBIT P11 A TRUE COPY OF THE COVERING LETTER DATED 28/02/2000 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 03/03/2000.

EXHIBIT P13 A TRUE COPY OF THE TEST REPORT DATED 20/03/2000.

EXHIBIT P14 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DEPOSITION OF REGHU KUMARAN.

EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 07/04/2000.

EXHIBIT P16 A TRUE COPY OF THE DEMAND NOTICE DATED 17/04/2000 FOR A SUM OF RS.2,04,986/- ISSUED TO THE PETITIONER.

EXHIBIT P17 A TRUE COPY OF THE COVERING LETTER DATED NIL ISSUED TO THE PETITIONER.

EXHIBIT P18 A TRUE COPY OF THE JUDGMENT DATED 25/02/2008 IN OP NO.12419/2000.

EXHIBIT P19 A TRUE COPY OF THE PETITION DATED 29/04/2008 FILED BY THE PETITIONER BEFORE THE CONSUMER GRIEVANCES REDRESSAL FORUM.

EXHIBIT P20 A TRUE COPY OF THE ORDER DATED 21/10/2008 IN OP NO.245/2008 PASSED BY THE CONSUMER GRIEVANCES REDRESSAL FORUM.

EXHIBIT P21 A TRUE COPY OF THE PETITION DATED NIL FILED BY THE PETITIONER BEFORE THE STATE ELECTRICITY OMBUDSMAN.

EXHIBIT P22 A TRUE COPY OF THE ORDER DATED 01/07/2009 PASSED BY THE STATE ELECTRICITY OMBUDSMAN.

EXHIBIT P23 THE TRUE COPY OF THE ONE TIME SETTLEMENT SCHEME NOTICE ISSUED BY THE ASSISTANT ENGINEER, KSEB TO THE PETITIONER AND ENGLISH TRANSLATION.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(a) A TRUE COPY OF THE REPORT Y THE METER TESTING UNIT, KOLLAM DATED ON 20/03/2000.

EXHIBIT R1(b) A TRUE COPY OF THE METER SEALING CERTIFICATE.

EXHIBIT R1(c) A TRUE COPY OF THE FAIR COPY REGISTER OF THE CONCERNED SECTION SHOWING THE ABOVE FACT.