J & P Sand And Aggregates ... vs Kerala State Electricity Board
2022 Latest Caselaw 12687 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
                       WP(C) NO. 42951 OF 2022
PETITIONER:

          J & P SAND AND AGGREGATES INTERNATIIONAL PVT. LTD.
          ERAMANGALAM, BALUSSERY P.O,
          KOZHIKODE DISTRICT-673612,
          REPRESENTED BY ITS MANAGING DIRECTOR, PETER JOSEPH.

          BY ADVS.
          SANTHOSH MATHEW
          ARUN THOMAS
          ANIL SEBASTIAN PULICKEL
          KURIAN ANTONY MATHEW
RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD
          VYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM -
          695004, REPRESENTED BY ITS MANAGING DIRECTOR.
    2     THE DEPUTY CHIEF ENGINEER,
          KERALA STATE ELECTRICITY BOARD LTD,
          ELECTRICAL CIRCLE, KOZHIKODE, PIN-673104.
    3     THE ASSISTANT EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD LTD,
          ELECTRICAL SUB DIVISION, BALUSSERY,
          KOZHIKODE DISTRICT-673612.
    4     THE ASSISTANT ENGINEER,
          KERALA STATE ELECTRICITY BOARD LTD,
          ELECTRICAL SECTION, BALUSSERY,
          KOZHIKODE DISTRICT-673612.
    5     THE SPECIAL OFFICER (REVENUE)
          KERALA STATE ELECTRICITY BOARD LTD,
          VYDHYUDHIBHAVANAM, PATTOM,
          THIRUVANANTHAPURAM-695004.

          SMT.ANIMA, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.42951 of 2022



                                  2


                              JUDGMENT

Dated this the 30th day of December, 2022

The writ petition has been filed with the following

prayers:-

(i) Call for the records leading to Ext.P5 and issue a writ of certiorari or any other appropriate writ or order quashing the same.

(ii) Call for the records leading to Exts.P1 and P2 and issue a writ of certiorari or any other appropriate writ or order quashing the same.

(iii) Issue a writ of mandamus or any other writ or order, permitting the petitioner to prefer the statutory appeal before the Kerala State Electricity Appellate Authority after paying 50% of the fixed charges imposed by the 3rd respondent in Ext.P5.

(iv) To dispense with translation of vernacular documents.

2. When the writ petition came up for consideration,

the Standing Counsel appearing for the respondents

submitted that the petitioner has got an alternative remedy

against Ext.P5 final assessment order by filing an appeal

before the Kerala State Electricity Appellate Authority. In the

light of the same, this writ petition need not be entertained. WP(C) No.42951 of 2022

3. Counsel for the petitioner submitted that, in the

meanwhile, coercive steps will be taken against the petitioner.

To facilitate the petitioner to file an appeal, the coercive steps

can be deferred for a period of four weeks. Therefore, the writ

petition is disposed of with the following directions.

(i) The coercive steps based on Ext.P5 will

be deferred for a period of four weeks.

(ii) In the meanwhile, the petitioner is free to

challenge Ext.P5 before the Kerala State Electricity

Appellate Authority in accordance with law.

(iii) The petitioner shall deposit 50% of the

fixed charges and if that amount is paid, the

respondents shall accept the appeal and pass

appropriate orders.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.42951 of 2022

APPENDIX OF WP(C) 42951/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MAHASAR DATED 28/09/2022 PREPARED BY ANTI POWER THEFT SQUAD RELATING TO THE PREMISES OF THE PETITIONER WITH ENGLISH TRANSLATION OF IT.

Exhibit P2 TRUE COPY OF THE PROVISIONAL ASSESSMENT DATED 14/10/2022 ALONG WITH THE CALCULATION STATEMENT.

Exhibit P3        TRUE COPY OF THE COMMUNICATION ISSUED
                  BY    THE    3RD    RESPONDENT      TO   THE

PETITIONER EXTENDING THE TIME TILL 30TH OCTOBER, 2022 WITH ENGLISH TRANSLATION OF IT.

Exhibit P4 TRUE COPY OF THE OBJECTION DATED 28/10/2022 SUBMITTED BY THE PETITIONER IN RESPONSE TO THE PROVISIONAL ASSESSMENT.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS BEARING NO-ESD-BLSY/202223/ASSESSMENT/493 DATED 06/12/2022 ALONG WITH THE CALCULATION STATEMENT.

Exhibit P6 TRUE COPY OF THE BOARD ORDER NO.BO (FB) NO. 2518/2013(KSEB/TRAC/S CODE/R2/2009) DATED 28.11.2013 AND RELEVANT PAGES OF THE ANNEXURE. Exhibit P7 TRUE COPY OF THE BOARD ORDER DATED 5/05/2016.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC-33789 OF 2022.

Exhibit P8 A TRUE COPY OF THE ORDER IN RP-1148 OF 2022 FILED IN WPC-33789 OF 2022.