Arjuna Naturals Pvt. Ltd vs Kerala State Electricity Board - ...
2022 Latest Caselaw 10377 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                  WP(C) NO. 31879 OF 2022
PETITIONER/S:

          ARJUNA NATURALS PVT. LTD
          BANK ROAD, ALUVA, ERNAKULAM - 683 101,
          REPRESENTED BY ITS MANAGING DIRECTOR, MR.
          P.J.KUNJACHAN.
          BY ADVS.
          P.BENNY THOMAS
          D.PREM KAMATH
          TOM THOMAS (KAKKUZHIYIL)
          ABEL TOM BENNY
          KURIAN OOMMEN THERAKATH
          JAIKRISHNAN.M.PISHARODI
          K.S.MUHAMMED SHEFIN


RESPONDENT/S:

    1     KERALA STATE ELECTRICITY BOARD - KSEB
          REPRESENTED BY ITS SECRETARY,
          VYDYUTHI BHAVANAM, PATTOM PALACE P.O.,
          THIRUVANANTHAPURAM - 695 004
          REPRESENTED BY ITS CHAIRMAN.
    2     THE ASSISTANT ENGINEER ELECTRICAL SECTION,
          EDAYAR SUB DIVISION, KERALA STATE ELECTRICITY
          BOARD, EDAYAR, ERNAKULAM - 682 032.
    3     THE ASSESSING OFFICER (ASSISTANT EXECUTIVE
          ENGINEER), KERALA STATE ELECTRICITY BOARD,
          ELECTRICAL SUB DIVISION, NEAR POWER HOUSE ROAD,
          ALUVA, ERNAKULAM - 683 101.
    4     THE EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD, ELECTRICAL
          DIVISION, ALUVA, ERNAKULAM - 683 101.
    5     ELECTRICAL INSPECTOR,
          ELECTRICAL INSPECTORATE, THIRD FLOOR, REVENUE
          TOWER, PARK AVENUE. ERNAKULAM - 682 011.
                                         -2-
W.P.(C). No. 31879 of 2022



OTHER PRESENT:

               0
               SC B. PREMOD


        THIS      WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    07.10.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 31879 of 2022



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

                              W.P.(C) No. 31879 of 2022
                        =============================================================

                   Dated this the 7th day of October, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. call for the records leading to Exhibits P5 and P7 and quash the same by issue of a writ of certiorari or such other appropriate writ, order or direction;

ii. stay the operation and implementation of Exhibits P5 and P7 till disposal of this Writ Petition;

iii. pass such other orders as are deemed just and necessary in the facts and circumstances of the case grant such other and incidental reliefs as this Hon'ble court may deem just and necessary on the facts and circumstances of this case." (sic)

2. Ext.P7 order is challenged in this writ petition.

Admittedly Ext.P7 is an appealable order. The grievance raised

by the petitioner is that even for filing an appeal thirty days time

W.P.(C). No. 31879 of 2022

is available and in the meanwhile, coercive steps are being taken

by the respondents.

3. Heard the counsel for the petitioner and the Standing

Counsel appearing for the respondents.

4. Even though the counsel for the petitioner argued on

merit and challenged Ext.P7 order, I am not in a position to

accept the same because Ext.P7 is an appealable order. I don't

want to make any observation about the merit of the case and all

the contentions raised in this writ petition are left open. The

petitioner is free to file appeal against Ext.P7. To facilitate the

petitioner to file an appeal, coercive steps based on Ext.P7 can

be deferred for a period of thirty days from today.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C). No. 31879 of 2022

1. Coercive steps pursuant to Ext.P7 shall be deferred for a period of thirty days. In the meanwhile, the petitioner is free to challenge Ext.P7 before the appellate authority.

2. All the contentions raised in this writ petition are left open.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 31879 of 2022

APPENDIX OF WP(C) 31879/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ELECTRICITY BILL NO.

0218868 FOR THE MONTH OF JULY 2022. Exhibit P2 TRUE COPY OF THE ELECTRICITY BILL NO.

0218869 FOR THE MONTH OF AUGUST 2022. Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE ORDER DATED 14.01.2022 NO. B3 - 18085/21/EIE. Exhibit P5 TRUE COPY OF THE PROVISIONAL ORDER 30.08.2022 DB 36/ELECTRICITY ACT 126/ESD - ALVT/2022-23/139 WITH ITS ENGLISH TRANSLATION.

Exhibit P6 TRUE COPY OF THE REPLY DATED 06.09.022 SUBMITTED BY THE PETITIONER.

Exhibit P7 TRUE COPY OF THE ORDER 16.09.2022 DB 36/ELECTRICITY ACT 126/ESD-ALVT/2022- 23/160 WITH ITS ENGLISH TRANSLATION. Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE GO ORDER NO.297/D(T)/2022/KSERC DATED 25.06.2022.