Kerala High Court
P.S.Rajendra Prasad vs Kerala State Electricity Board ... on 3 February, 2023
WP(C) No.43013/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 3rd day of February 2023 / 14th Magha, 1944
WP(C) NO. 43013 OF 2022(B)
PETITIONER:
P.S.RAJENDRA PRASAD, AGED 70 YEARS, S/O LATE SADASIVAN PILLAI,
RESIDING AT SIVA COTTAGE, VETTIPURAM MURI, MYLAPRA P.O,
PATHANAMTHITTA DISTRICT-689671, MANAGING PARTNER, TRINITY MOVIE MAX
(LCN/18/7176), PATHANAMTHITTA, PIN- 689 645.
RESPONDENTS:
1. KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY THE SECRETARY,
VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN-695 004.
2. SPECIAL OFFICER (REVENUE), OFFICE OF THE SPECIAL OFFICER (REVENUE),
KERALA STATE ELECTRICITY BOARD LTD. VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN-695 004.
3. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL CIRCLE, PATHANAMTHITTA.
4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION REPRESENTED BY
ITS-SECRETARY, KPFC BHAVANAM, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM,
THIRUVANANTHAPURAM DISTRICT- 695 010.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Exhibit P10 Arrear Notice/Disconnection Notice and all
coercive steps as against the petitioner's theatre by the 1st respondent
including disconnection of power, pending disposal of the above Writ
Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
03-01-2023 and upon hearing the arguments of M/S.G.UNNIKRISHNAN, K.SANEESH
KUMAR & V.B.SANTHINI, Advocates for the petitioner, SRI.SUDHEER GANESH
KUMAR, Advocte for R1 to R3 and of SRI.NANDAGOPAL S.KURUP, Advocate for
R4, the court passed the following:
WP(C) No.43013/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C).No. 43013 of 2022
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Dated this the 3rd day of February, 2023
ORDER
Sri. B. Pramod, the learned Standing Counsel, submits that as the order
passed by the Kerala State Electricity Regulatory Commission has not stayed,
the petitioner has to pay the energy charges at the revised tariff.
In response, the learned counsel for the petitioner points out that the
petitioner has preferred a Review Petition before the Regulatory Commission,
and this Court, by Ext.P8 judgment, had directed the 4th respondent to take a
decision on the review petition within a period of two months from 23.05.2022.
However, no orders have been passed to date. It is submitted by the learned
counsel that the petitioner shall continue to pay the energy charges at the
pre-revised rate.
Having considered the submissions, while issuing the bill for energy
charges, the KSEB shall separately show the energy charges at the pre-revised
rate as well as the rate fixed by the Regulatory Commission, and the petitioner
shall continue to pay the charges at the pre-revised rate. It is made clear that if
WP(C) No.43013/2022 3/4
the issue is decided against the petitioner herein, they shall be bound to pay
the difference.
The respondents shall file their counter.
Post on 07.03.2023.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
03-02-2023 /True Copy/ Assistant Registrar
WP(C) No.43013/2022 4/4
APPENDIX OF WP(C) 43013/2022
Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WP(C) 15884/2022 OF THIS
HONOURABLE COURT DATED 23.5.2022.
03-02-2023 /True Copy/ Assistant Registrar
