Kerala High Court
Believers Church, Thiruvalla vs Kerala State Electricity Board ... on 7 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 7th day of July 2023 / 16th Ashadha, 1945
IA.NO.2/2023 IN WA NO. 1892 OF 2022
AGAINST JUDGMENT DATED 16/09/2022 IN WP(C) 29400/2022 OF THIS COURT
PETITIONER/APPELLANT:
BELIEVERS CHURCH, THIRUVALLA, REPRESENTED BY ITS MANAGING TRUSTEE,
BISHOP DR. SAMUEL MATHEW, AGED 59, S/O MATHEW, KAITHAPPATALIL, 28,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE,ST.THOMAS
NAGAR, PUNNAKUNNAM MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, KERALA STATE-689103 ,THROUGH HIS POWER OF
ATTORNEY HOLDER AND GENERAL ADMINISTRATOR OF THE CHURCH, JACOB
POTHEN, AGED 63, S/O.LATE POTHEN, THERADIYIL HOUSE, NIRANAM WEST
MURI, NIRANAM VILLAGE, THIRUVALLA TALUK.
RESPONDENTS/RESPONDENTS:
1. KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS MANAGING
DIRECTOR, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN -
695004.
2. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY
ITS CHAIRPERSON, K.P.F.C. BHAVANAM, CV RAMAN PILLAI ROAD,
VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA, PIN - 695010.
3. CONSUMER GRIEVANCE REDRESSAL FORUM, REPRESENTED BY ITS CHAIRPERSON,
2ND FLOOR, VYDYUTHI BHAVANAM, KSE BOARD, KOTTARAKKARA, PIN - 691506.
4. THE SPECIAL OFFICER (REVENUE), OFFICE OF THE SPECIAL OFFICER
(REVENUE), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN -
695004.
5. THE CHIEF ENGINEER (TRANSMISSION SOUTH), THE KERALA STATE
ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM. , PIN - 695004.
6. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, TRANSMISSION CIRCLE,
POOVANTHURUTHU P.O, POOVANTHURUTHU, KOTTAYAM DISTRICT, PIN - 686012.
7.THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KUTTAPPUZHA, 110 K V SUBSTATION,
THRIKKODITHANAM P.O, THRIKKODITHANAM, KOTTAYAM DISTRICT,
PIN - 686105.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
clarifying regarding the date of commencement of petitioner's liability to
pay interest and also may clarify whether petitioner is liable to any
penal interest or not, in the best interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof , this court's judgment dated
13/01/2023 and upon hearing the arguments of M/S. P.HARIDAS, BIJU
HARIHARAN, SHIJIMOL M.MATHEW, P.C.SHIJIN & RISHIKESH HARIDAS, Advocates
for the petitioner and of M/S RIJI RAJENDRAN, STANDING COUNSEL for the
respondents the court on the same day passed the following:
S. V. N. Bhatti, C.J.
&
Basant Balaji, J.
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I.A.No.2 of 2023
in
W.A.No.1892 of 2022
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 7th day of July 2023
ORDER
S. V. N. Bhatti, C.J.
The clarification sought for, for all purposes reviews the
judgment dated 16.09.2022. We are persuaded not to entertain the
clarificatory petition.
2. Mr. P. Haridas emphasises a few legal contentions.
3. Standing counsel appearing for the respondent informs
the court that if legal contention is available on any of the
demands now raised by the Board, these legal objections can be
considered in the writ petition already filed by the appellant.
By leaving it open for consideration by the learned single
W.A.No.1892 of 2022
Judge, the legal contentions, the petition stands dismissed.
Sd/-
S. V. N. Bhatti
Chief Justice
Sd/-
Basant Balaji
Judge
vpv
07-07-2023 /True Copy/ Assistant Registrar
