Dhamodharan Nair vs The Assistant Engineer
2022 Latest Caselaw 11109 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA,
                            1944
                  WP(C) NO. 11826 OF 2011
PETITIONER/S:

    1     DHAMODHARAN NAIR
          MATHRAKKAL VEEDU, PUNNAKULAM, KOTTUKAL.P.O,,
          BALARAMAPURAM, THIRUVANANTHAPURAM.
    2     V.SANTHAKUMARI AMMA
          W/O.DAMODHARAN NAIR K(LATE), RESIDING AT
          MATHRAKKAL VEEDU, PUNNAKULAM, KOTTUKAL (PO),
          BALARAMAPURAM, THIRUVANANTHAPURAM
          BY ADVS.
          SRI.M.RAJAGOPALAN NAIR
          SRI.G.BIJU


RESPONDENT/S:

    1     THE ASSISTANT ENGINEER
          KERALA STATE ELECTRICITY BOARD,, KOTTUKAL SUB
          DIVISION,, UCHAKADA, PAYATTUVILA.P.O,,
          BALARAMAPURAM, THIRUVANANTHAPURAM -695 501.
    2     THE ASSISTANT EXECUTIVE ENGINEER
          KERALA STATE ELECTRICITY BOARD,, ELECTRICAL SUB
          DIVISON, BALARAMAPURAM,, THIRUVANANTHAPURAM -695
          501.
    3     KERALA STATE ELECTRICITY BOARD
          REPRESENTED BY ITS SECRETARY,, VYDHUTHI BHAVAN,
          PATTOM,, THIRUVANANTHAPURAM -695 001.
          BY ADVS.
          SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY
          BOARD LIMIT
          SRI.PULIKOOL ABUBACKER, SC, KSEB
          SRI.P.P.THAJUDEEN, SC, K.S.E.B
                                         -2-
W.P.(C). No. 11826 of 2011



OTHER PRESENT:


               SRI.B.PREMOD, SC(KSEB)



        THIS      WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    09.11.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 11826 of 2011



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 11826 of 2011
                        =============================================================

                 Dated this the 9th day of November, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i) Issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Exhibits-P5. P6 and P10 and to quash the same.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the first respondent to restore the electric supply to petitioner in consumer No.1887 of Kottukal Electrical Section and to restore the tariff to LT V category.

iii) Issue any other appropriate writ, order or direction, declaring that, first respondent has no authority to change the tariff of electric connection.

iv) Issue such other reliefs, which this Hon'ble Court deems, fit to grant considering the facts and circumstances of the case." (sic)

2. The main prayer in this writ petition is against

Exts.P5, P6 and P10. When this writ petition came up for

consideration, the Standing Counsel appearing for the

W.P.(C). No. 11826 of 2011

respondents submitted that the petitioner has got an alternative

remedy before the Consumer Grievances Redressal Forum

against these proceedings.

3. When this writ petition came up for consideration on

11.04.2011, this Court passed the following order:

"Admit. Sri.P.P.Thajudeen, the learned Standing Counsel takes notice for respondents.

There will be an interim order directing the respondents to restore electricity connection on the petitioner remitting the amount demanded in Ext.P6 notice. The petitioner shall also pay the re- connection charges and energy charges as per the bills issued from time to time, subject to the outcome of the writ petition. Post along with W.P.(C) No.1085/2011."

4. Today, WP(C) No.1085 of 2011 is already disposed

of directing the assessing officer to finalise the provisional

assessment. In this case, the petitioner can challenge the

impugned orders before the Consumer Grievances Redressal

W.P.(C). No. 11826 of 2011

Forum. To facilitate the petitioner to file appropriate

proceedings before the authority concerned, all coercive steps

can be deferred for a period of three months.

Therefore, this writ petition is disposed of in the following

manner:

1. All coercive steps based on Exts.P5, P6 and P10 are deferred for a period of three months.

2. In the meanwhile, the petitioner is free to approach the Consumer Grievances Redressal Forum with appropriate petition.

SD/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 11826 of 2011

APPENDIX OF WP(C) 11826/2011

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 4.12.2010 ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE MAHAZAR DATED 4.12.2010 Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY PETITIONER Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 12.1.2011 IN WPC NO.1085/2011 Exhibit P5 TRUE COPY OF THE ELECTRICITY BILL DATED 8.12.2020 Exhibit P6 TRUE COPY OF THE ELECTRICITY BILL DATED 8.2.2011 Exhibit P7 TRUE COPY OF THE NOTICE DATED 4.2.2011 ISSUED BY FIRST RESPONDENT Exhibit P8 TRUE COPY OF THE OBJECTION TO EXHIBIT P7 SUBMITTED BY THE PETITIONER Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT BY PETITIONER Exhibit P10 TRUE COPY OF THE REPLY GIVEN BY 2ND RESPONDENT TO EXT.P9.

ANNEXURE A1 TRUE COPY OF THE DEATH CERTIFICATE OF MY LATE HUSBAND DATED 27.11.2013 ANNEXURE A2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, NEYYATTINKARA DATED 7.5.2014.