Sherin Varghese vs Deputy Chief Engineer
2023 Latest Caselaw 9597 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                       WP(C) NO. 38722 OF 2022
PETITIONER:

          SHERIN VARGHESE,
          AGED 42 YEARS, S/O. VARGHESE JOSEPH,
          PROPRIETOR, KUMBALAM CABLE VISION,
          CHENNAPPILLIL, KUMBALAM,
          ERNAKULAM, PIN - 682506.

          BY ADVS.
              SMT. MARIYA RAJAN
              SMT. SHINU J.PILLAI
              SMT. S.SUJA
              SMT. LEKSHMI SUMUKHAN
              SMT. NESMEL DIVAN



RESPONDENTS:

    1     DEPUTY CHIEF ENGINEER,
          OFFICE OF THE DEPUTY CHIEF ENGINEER,
          ELECTRICAL CIRCLE, ERNAKULAM, PIN - 682018.

    2     EXECUTIVE ENGINEER,
          ELECTRICAL CIRCLE, THRIPPUNITHURA,
          ERNAKULAM, PIN - 682301.

          BY ADV.
             SRI. B. PREMCHAND - SC - KSEB



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
       WP(C) NO. 38722 OF 2022

                                      2


                     DINESH KUMAR SINGH, J.
                         --------------------------
                     W.P.(C) No.38722 of 2022
                          -------------------------
             Dated this the 8th day of September, 2023

                              JUDGMENT

1. The present Writ Petition (Civil) under Article 226 of the

Constitution of India is filed seeking the following reliefs;

a) Issue a writ of Certiorari or any other appropriate writ, directions or orders calling the records up to Exhibit P2 and quash Exhibit P2;

b) Issue a writ of Certiorari or any other appropriate writ, directions or orders directing the 2nd respondent to consider and pass necessary order or provide necessary information sought for in the Exhibit P3 representation.

c) To grant such other reliefs as this Hon'ble Court deem fit and proper in these circumstances of this case.

2. The petitioner is a cable TV operator providing service within

the territorial limits of Kumbalam Grama Panchayath. The

petitioner is using KSEB electric poles for providing cable network

connections. As per the agreement entered into between the

KSEB, it is required to pay fixed charges for making use of electric

poles. For this service the petitioner has also granted permission WP(C) NO. 38722 OF 2022

and therefore eligible GST is also payable on the charges collected

by the KSEB for using the electric poles by the petitioner.

3. Learned Counsel for the petitioner submits that the KSEB is

not providing separate invoice in respect of the service charges

collected from the petitioner and hence the petitioner is not able

to claim input charge credit for the GST amount remitted by the

petitioner to the KSEB for using the electric poles. It is further

submitted that the petitioner has filed Exhibit P-3 representation

dated 28.11.2022 in this respect. However, no decision has been

taken by the 2nd respondent till date.

4. Considering the aforesaid facts, the present writ petition is

disposed of with a direction to the 2nd respondent to inform the

decision taken on Exhibit P-3 within one month after providing an

opportunity of being heard to the petitioner.

Sd/-

DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 38722 OF 2022

APPENDIX OF WP(C) 38722/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO. B.O (CMD) NO.

3446/2014(D(D&S)/D5/CTV/4373/2014) DATED 31.12.2014

EXHIBIT P2 TRUE COPY OF THE NOTICE NO. DCE/EKM/AB1/ INSTALMENT/22-23/1482 DATED 24.11.2022 ALONG WITH ENGLISH TRANSLATION

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 28.11.2022

EXHIBIT P4 TRUE COPIES OF THE PAYMENT RECEIPTS EVIDENCING DUE PAYMENTS

EXHIBIT P5 TRUE COPY OF NOTICE NO: RB/CABLE TV/2023-

24/1056 DATED 03.08.2023

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 08.08.2023