Cannanore County Club & Resorts ... vs Kerala State Electricity Board ...
2023 Latest Caselaw 9111 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
     THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                  &
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                       WA NO. 1263 OF 2023
   AGAINST THE JUDGMENT WP(C) 34272/2008 OF HIGH COURT OF
                               KERALA
APPELLANT/PETITIONER:
          CANNANORE COUNTY CLUB & RESORTS (P)
          LTD.KATTAMPALLY, NARATH.P.O,
          KANNUR, REP.BY ITS, DIRECTOR
          MR.R.ANANTHA KRISHNAN., PIN - 670601
            BY ADVS.
            K.PRAVEEN KUMAR
            N.KRISHNA PRASAD

RESPONDENTS/RESPONDENTS 1 TO 4 IN THE WRIT PETITION :
    1     KERALA STATE ELECTRICITY BOARD LIMITED
          REPRESENTED BY ITS SECRETARY,
          VYDYUTHI BHAVANAM, PATTOM,
          THIRUVANANTHAPURAM., PIN - 695004
    2       THE DEPUTY CHIEF ENGINEER
            ELECTRICAL CIRCLE,
            VYDYUTHI BHAVANAM,
            KANNUR, PIN - 670002
    3       THE ASSISTANT EXECUTIVE ENGINEER
            ELECTRICAL SUB DIVISION,
            VALAPATTANAM, KANNUR, PIN - 670010
    4       THE SUB ENGINEER IN CHARGE
            ELECTRICAL SECTION, KOLACHERRY, PIN - 670601


            BY SRI. B PREMOD, SC

     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.1263 of 2023

                                                2



   DR. A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P.JJ
                       ......................................................
                               WA No.1263 of 2023
                 .................................................................
                     Dated this the 23rd day of August, 2023


                                       JUDGMENT

Mohammed Nias.C.P.J

The appellant, the writ petitioner, is aggrieved by the judgment

in WP(C) No. 34272 of 2008 dated 23.05.2020, dismissing the writ

petition filed challenging the demand of the respondents alleging

unauthorized load under the provisions of the Electricity Act,2003.

2. By the impugned judgment, the learned single Judge found

that the appellant has an alternate remedy against the action

proposed under Section 126 of the Electricity Act 2003. However,

without giving any liberty to the petitioner to avail the same, the writ

petition was dismissed.

3. Though the learned senior counsel for the appellant

submitted that the action under Section 126 of the Electricity Act,

2003, was bad for violation of the statutory provisions, we do not

intend to consider the same on merits as the appellant can challenge

the same in the statutory appeal.

WA No.1263 of 2023

4. Accordingly, this writ appeal is disposed of, directing the

appellant to avail the statutory alternate remedy within a month from

today. We note that the appellant has already paid 1/3rd of the

demand pursuant to the orders of this court. The appellant will pay

the balance to make up to 50% of the demand while preferring the

appeal. On the appellant preferring the appeal along with the

payment as directed above, the appellate authority will consider the

same in accordance with the law and pass orders dealing with the

contentions of the appellant within a month thereafter.

The writ appeal is disposed of as above.

Sd/-DR. A.K. JAYASANKARAN NAMBIAR JUDGE

Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk/23.8.2023 WA No.1263 of 2023

APPENDIX OF WA 1263/2023 PETITIONER'S ANNEXURES AnnexureA1 TRUE COPY OF THE SRO.NO.229/2005 AnnexureA2 TRUE COPY OF THE JUDGMENT DATED 7.4.2014 IN WRIT PETITION (CIVIL) NO.19000 OF 2010 AnnexureA3 TRUE COPY OF THE AGREEMENT DATED 31.01.2020