Kerala High Court
Indu Towers Ltd vs Kerala State Electricity Board on 7 October, 2022
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. 30815 OF 2011
PETITIONERS:
1 INDU TOWERS LIMITED (INFRASTRUCTURE
SERVICE PROVIDER OF BARTI AIRTEL LIMITED), VODAFONE
ESSAR CELLULAR LIMITED (FORMERLY KNOWN AS HUTCHISON
ESSAR CELLULAR LTD) 8TH FLOOR, VANKARATH TOWERS, NH
BYPASS, PALARIVATTOM, KOCHI-24, REPRESENTED BY ITS
DEPUTY GENERAL MANAGER PREMAKRISHNAN NAIR M.N.
2 M/S.BHARATHI CELLULAR LTD.
PRESENTLY KNOWN AS BHARATI INFRATEL LTD. DULY,
AUTHORISED HEAD (LEGAL), PREMAKRISHNAN NAIR M.N,
8TH FLOOR, VANKARATH TOWERS, NH BYPASS,
PADIVATTOM, KOCHI-24.
BY ADV SRI.P.SATHISAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT,
VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. PIN - 695001.
2 THE ASSISTANT ENGINEER, ELECTRICAL SUB
SECTION, VELLAYAMBALAM, THIRUVANANTHAPURAM,
DISTRICT - 695001.
BY ADVS.
SRI.RAJU JOSEPH (SR.)
SRI.K.T.PAULOSE, SC, KSEB
SRI.T.R.RAJANSCK.S.E.B.
SRI.JOSEPH ANTONY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30815 OF 2011
2
P.V.KUNHIKRISHNAN, J.
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W.P. (C).No. 30815 of 2011
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Dated this the 07th day of October, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(a) Issue a writ of Certiorari or such other writ
or direction calling for entire records leading up to
Exhibit P8 and quash the same to the extend the same
imposes penal charges on alleged unauthorized
extension/unauthorized load based on inspection in the
past.
(b) Issue a writ of mandamus or such other
writ or direction directing respondents to refund the
penal charges collected from petitioner. Since 2009
on alleged unauthorized extension/unauthorized
additional load and to continue the service connection
after allotting additional load as per Exhibit P4 & P5.
(c) To Award costs of the proceedings to the
petitioner.
(d) Issue such other writs, orders or directions
which this Hon'ble Court may find deem fit and proper
in the circumstances of the case."[SIC]
WP(C) NO. 30815 OF 2011
2. When this writ petition came up for
consideration, both sides submitted that the issue raised
in this writ petition is covered in favour of the petitioner
in Sulabha Marketing (P) Ltd. v. Kerala State
Electricity Board Limited [2017 (2) ILR 609].
Therefore, this writ petition is allowed in the
following manner:
i) Ext.P8 is quashed.
ii) Respondents are free to issue appropriate bill
in accordance with the principles laid down in Sulabha
Marketing v. Kerala State Electricity Board Limited
[2017 (2) ILR 609].
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 30815 OF 2011
APPENDIX OF WP(C) 30815/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF
GUIDELINES ISSUED BY CENTRAL GOVT.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY GOVT. OF
KERALA.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED
27.05.2009 ISSUED BY KERALA STATE
ELECTRICITY BOARD.
EXHIBIT P4 TRUE COPY OF DEMAND NOTICE ISSUED BY THE
KERALA STATE ELECTRICITY BOARD (TYPED
COPY).
EXHIBIT P5 TRUE COPY OF RECEIPT ISSUED BY THE KERALA
STATE ELECTRICITY BOARD DATED 22.12.2008.
EXHIBIT P6 TRUE COPY OF REQUEST MADE BY THE
PETITIONER DATED 11.04.2011 BEFORE
RESPONDENTS.
EXHIBIT P7 TRUE COPY OF REQUEST MADE BY THE
PETITIONER DATED 23.09.2011 BEFORE
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE BILL DATED 10.08.2011.
EXHIBIT P9 TRUE COPY OF THE RECEIPT ISSUED BY THE
HDFC BANK LTD HOSDURG DEVELOPMENT
FINANCIAL CORPORATIVE BANK LTD.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 19.08.2011.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 21.03.2011
IN W.P.(C) NO. 8051/2011
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
