Subair vs The Assistant Engineer
2022 Latest Caselaw 12475 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                        WP(C) NO. 42544 OF 2022
PETITIONER/S:

          SUBAIR V
          AGED 47 YEARS
          S/O. ABDULLA, VARIKKALIL HOUSE, NEELESWARAM P.O.,
          KODUVALLY (VIA), KOZHIKODE - 673 582.

          BY ADVS.
          O.A.NURIYA
          REVATHY P. MANOHARAN
          ASHEEK ANTONY
          ANAND B. MENON



RESPONDENT/S:

    1     THE ASSISTANT ENGINEER
          KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION,
          OMASSERY - 673 582.

    2     THE ASSISTANT EXECUTIVE ENGINEER,
          ELECTRICAL SUB DIVISION, KSEB LTD, THIRUVAMBADY,
          KOZHIKODE DISTRICT.

    3     KERALA STATE ELECTRICITY APPELLATE AUTHORITY,
          CC 51/52 NEAR 110 KV SUB STATION, VYTILLE, KOCHI - 682
          019


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42544 OF 2022
                                            2

                               JUDGMENT

Counsel for the petitioner submits that in order to get the

electricity connection restored, the petitioner intents to pay the

demanded surcharge and the unauthorized arrears as per the order

of the appellate authority under protest.

I am afraid the arguments assailing the order of the appellate

authority upheld the demand of Rs.5,33,441/- confining it to 12

months do not suffer from any illegality as connected writ petition

bearing No.42540 of 2022 by a separate judgment has been

dismissed and the petitioner is at liberty to deposit that

aforementioned amount. As far as the present writ petition viz

demand of surcharge, the petitioner is relegated to avail the remedy

in accordance with law. In case the petitioner avails the remedy in

accordance with law and deposits the amount of surcharge under

protest, the same shall be subject to the outcome of the decision of

the Ombudsman. In case the amount is deposited within a period of

one week from today, the respondents are directed to restore the

electricity connection. Sd/-

sab                                                  AMIT RAWAL

                                                         JUDGE
 WP(C) NO. 42544 OF 2022


                 APPENDIX OF WP(C) 42544/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE REPRESENTATION DATED

23.06.2021 MADE BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit P1A: ENGLISH TRANSLATION OF EXHIBIT P1.

Exhibit P2 TRUE COPY OF LETTER OF KSEB SHOWING BILLS PAID BY THE PETITIONER. DATED NIL

Exhibit P3 TRUE COPY OF THE APPEAL NO. 89 OF 2021 FILED BY THE PETITIONER BEFORE THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY DATED 06.09.2021.

Exhibit P4 TRUE COPY OF THE ORDER DATED 17.11.2022 IN APPEAL NO. 89/2021 PASSED BY THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY

Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE DATED 12.12.2022 BEARING NO. BB/APPEAL/CO.NO. 20020/2022-23/181 ISSUED BY THE 1ST RESPONDENT.