Kerala High Court
Aby Itoop vs Kerala State Electricity Board - ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33674 OF 2022
PETITIONER:
ABY ITOOP
AGED 66 YEARS, S/O. JOHN,
MANDARATHIL HOUSE, KUMARAKOM,
KOTTAYAM, KERALA-686003.
BY ADVS.P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
R.GAYATHRI
SADIK ISMAYIL
M.MAHIN HAMZA
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD - KSEB
REPRESENTED BY ITS MANAGING DIRECTOR,
VIDYTI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
KERALA-695004.
2 KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, KUMARAKOM,
REPRESENTED BY ITS ASSISTANT ENGINEER,
OFFICE OF KSEB LTD, ELECTRICAL SECTION KUMARAKOM,
KOTTAYAM, KERALA-686003.
3 ASSISTANT ENGINEER,
OFFICE OF KSEB LTD, KUMARAKOM,
KOTTAYAM, KERALA-686003.
4 DISTRICT COLLECTOR
KOTTAYAM, DISTRICT COLLECTORATE,
CIVIL STATION, KOTTAYAM - 686002.
5 THE DEPUTY TAHSILDAR (RR),
KOTTAYAM TALUK,KOTTAYAM TALUK OFFICE,
FIRST FLOOR, MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM - 6860001.
SRI.V.K.SUNIL, SR.GP, SRI.RIJI RAJENDRAN, SC(KSEB)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.33674/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.33674 of 2022
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Dated this the 21st day of October, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or other appropriate
writ declaring that the petitioner is not entitled to
pay the entire amount demanded by the
respondent No. 5 in Exhibit P5 Notice.
ii. Issue a writ of mandamus or other appropriate
writ or order directing the respondent No.5 to
allow the petitioner to pay the amount of
Rs.82290/-(Rupees Eighty Two Thousand and Two
Hundred Ninety Only) demanded in Exhibit P4
Notice in connection with the electricity arrears
pertaining to the electricity connection bearing
Consumer No. 1146304005695 in installments.
iii. Grant such other reliefs as this Hon'ble Court
deems fit and proper in the circumstances of the
case.
(SIC)
2. After arguing for sometime, the counsel for the
petitioner submitted that he will be satisfied if the petitioner is
allowed to clear the amount claimed in Ext.P5 in instalments.
WP(C).No.33674/2022
3. Heard the learned counsel for the petitioner,
learned Standing Counsel for respondents 1 to 3 and the
learned Government Pleader who appeared for respondents 4
and 5.
4. After hearing both sides, I think the prayer of the
petitioner can be allowed.
Therefore, this writ petition is disposed of in the
following manner:
1. The petitioner will clear the entire
amount due as per Ext.P5 in 10 equal
monthly instalments starting from
15.11.2022.
2. If any two consecutive instalments are
defaulted, the respondents are free to
proceed in accordance to law.
3. If the amount is paid as directed above,
recovery proceedings shall be deferred.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.33674/2022
APPENDIX OF WP(C) 33674/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE UDHYOG AADHAAR
REGISTRATION CERTIFICATE DATED
07.09.2019 ISSUED FROM THE MINISTRY OF
SMALL & MEDIUM ENTERPRISE IN THE NAME
OF M/S. ORIENTAL PACKING INDUSTRIES.
Exhibit P2 TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE ISSUED BY THE ENVIRONMENTAL
ENGINEER OF KERALA STATE POLLUTION
CONTROL BOARD TO M/S. ORIENTAL PACKING
INDUSTRIES DTD 25/6/2019 .
Exhibit P3 TRUE COPY OF THE NOTICE DATED
19.11.2019 AND BEARING NO. 14918/2019
ISSUED BY THE DISTRICT MEDICAL
OFFICER, KOTTAYAM TO THE SECRETARY OF
KUMARAKOM GRAMA PANCHAYAT AND ITS
ENGLISH TRANSLATION.
Exhibit P4 TRUE COPY OF THE NOTICE DATED
03.03.2022 AND BEARING NO. BB/2021-
2022 ISSUED BY THE RESPONDENT NO.3 TO
THE PETITIONER AND ITS ENGLISH
TRANSLATION .
Exhibit P5 TRUE COPY OF THE NOTICE DATED
21.06.2022 ISSUED BY THE RESPONDENT
NO.3 TO THE PETITIONER.
