Asanarukunju vs Kerala State Electricity Board - ...
2021 Latest Caselaw 20513 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 20858 OF 2021
PETITIONER:

            ASANARUKUNJU
            AGED 72 YEARS
            S/O.KUNJETHUKUNJU, PROPRIETOR, PREMIER GRANITES,
            PLAKKAD, ADICHNALUR, GARDEN HILL, VELIYAM WEST, KOLLAM-
            692540.

            BY ADVS.
            RAVI KRISHNAN
            K.VINAYA



RESPONDENTS:

    1       KERALA STATE ELECTRICITY BOARD - KSEB
            REP. BY ASSISTANT EXECUTIVE ENGINEER, OFFICE OF
            ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUBDIVISION,
            KOTTIYAM, KERALA STATE ELECTRICITY BOARD, KOLLAM,
            DISTRICT-691571.

    2       ASSISTANT EXECUTIVE ENGINEER,
            OFFICE OF ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL
            SUBDIVISION, KOTTIYAM, KERALA STATE ELECTRICITY BOARD,
            KOLLAM DISTRICT-691571.

    3       KERALA STATE ELECTRICITY APPELLATE AUTHORITY,
            VYTTILA, NEAR SUB STATION, KOCHI-682019.

OTHER PRESENT:

            ADV.N.SATHEESH-SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20858 OF 2021
                                     2


              BECHU KURIAN THOMAS, J
              ................................................
               W.P.(C) No. 20858 Of 2021
                ...........................................
         Dated this the 1      st   day of october, 2021

                                JUDGMENT

Petitioner has preferred Ext.P6

appeal before the 3rd respondent. It is

seen that the said appeal was preferred

only on 17/9/2021. However, the petitioner

submits that the electricity connection to

the petitioner remains disconnected for the

last several months on the allegation of

theft, which the petitioner stoutly denies.

2. Since the appeal preferred by

the petitioner is pending consideration

before the 3rd respondent, there shall be a

direction to the 3rd respondent to consider

and pass appropriate orders in Ext.P6

appeal within an outer period of 3 months WP(C) NO. 20858 OF 2021

from the date of receipt of a copy of this

judgment.

3. Till a decision is taken the

electricity connection shall not be

dismantled from the petitioner's premises.

It is also clarified that, if in the

meantime, the petitioner deposits the

entire amount already assessed, the

electricity connection shall be reconnected

without delay. The amounts if paid by the

petitioner to obtain re-connection shall be

subject to the dispute pending

consideration in the appeal.

The writ petition is disposed of

with the above directions.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 20858 OF 2021

APPENDIX OF WP(C) 20858/2021

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE CITE MAHAZER PREPARED ON 22.06.2020 BY THE 1ST RESPONDENT OFFICIALS.

Exhibit P2 A TRUE COPY OF THE PROVISIONAL ASSESSMENT ORDER DATED 22.06.2020 BY THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE EXPLANATION/OBJECTIONS TO THE EXT.P2 FILED BEFORE THE 1ST RESPONDENT DATED 26.06.2020.

Exhibit P3(A) TRUE COPY OF THE POSTAL RECEIPT DATED 27.06.2020.

Exhibit P4 TRUE COPY OF THE FINAL ASSESSMENT ORDER DATED 18.07.2020 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 A COPY OF THE JUDGMENT IN WP(C)NO.20379/2020 DATED 19.10.2020.

Exhibit P6 TRUE COPY OF THE APPEAL MEMORANDUM FILED UNDER SECTION 127 OF ELECTRICITY ACT PREFERRED BEFORE THE 2ND RESPONDENT DATED 13.09.2021.

Exhibit P7 A TRUE COPY OF THE RECEIPTS DATED 15.07.2021.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 06.09.2021.

Exhibit P9 A TRUE COPY OF THE DISCONNECTION NOTICE DATED 17.09.2021, ALONG WITH TYPED COPY.

AJM //TRUE COPY// PA TO JUDGE