M/S. Kothamangalam Aggregates ... vs Kerala State Electricity Board - ...
2023 Latest Caselaw 6786 Ker

WA No.1162/2023                               1/2

                         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
                  Tuesday, the 20th day of June 2023 / 30th Jyaishta, 1945
                                     WA NO. 1162 OF 2023

         AGAINST JUDGMENT DATED 14.03.2023 IN WP(C) 5962/2013 OF THIS COURT

   APPELLANTS/PETITIONERS IN WPC:

      1. M/S. KOTHAMANGALAM AGGREGATES PRE-STRESSED CONCRETE INDUSTRIES/POLE
         CASTING YARD, KOTHAMANGALAM-686 691. REPRESENTED BY ITS MANAGING
         PARTNER ARUN DAVID.
      2. ARUN DAVID, S/O. LATE C.P. DAVID, AGED 45 YEARS, MANAGING PARTNER,
         M/S. KOTHAMANGALAM AGGREGATES PRE-STRESSED CONCRETE INDUSTRIES/POLE
         CASTING YARD, KOTHAMANGALAM - 686691.

    BY ADVS.M/S.BEJOY JOSEPH P.J.,GOVIND G. NAIR,BALU TOM CHERUVALLY & BONNY
    BENNY

   RESPONDENTS/RESPONDENTS IN WPC:

      1. KERALA STATE ELECTRICITY BOARD,VAIDYUTHI BHAVAN,
         THIRUVANANTHAPURAM - 695004. REPRESENTED BY ITS SECRETARY.
      2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN,
         PATTOM, THIRUVANANTHAPURAM - 695004.
      3. THE CHIEF ENGINEER (DISTRIBUTION CENTRAL), KSEB, GANDHI SQUARE, D.H.
         ROAD, COCHIN- 682016.
      4. THE DEPUTY CHIEF ENGINEER ,ELECTRICAL CIRCLE, VYDYUTHIBHAVANAM,
         THODUPUZHA - 685584.

    BY STANDING COUNSEL SRI.B.PREMOD


        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay the operation and implementation of the judgment in WPC 5962/2013
   dated 14.03.2023 and direct the 1st respondent to pay the amounts
   recovered as penalty to the appellants, pending disposal of the above Writ
   Appeal.


        This Writ Appeal coming on for orders on 20/06/2023 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.1162/2023                                  2/2




                                           ORDER

Notice before admission. Adv.B.Premod, Standing Counsel accepts notice for Kerala State Electricity Board and requests time to file additional statement.

There shall be an interim suspension of judgment under appeal for eight weeks.

Post on 18/7/2023.

Sd/- S.V.N.BHATTI , CHIEF JUSTICE

Sd/- BASANT BALAJI, JUDGE

20-06-2023 /True Copy/ Assistant Registrar