R. Shaji vs The Kerala State Electricity Board
2024 Latest Caselaw 10437 Ker

Kerala High Court

R. Shaji vs The Kerala State Electricity Board on 11 April, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE EASWARAN S.
   THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       WP(C) NO. 14396 OF 2018
PETITIONER/S:

            R. SHAJI
            CHAIRMAN, SRI.SANKARA DENTAL COLLEGE,
            AKATHUMURI, VARKALA,
            THIRUVANANTHAPURAM DISTRICT, PIN- 695 318
            BY ADVS.
            C.MURALIKRISHNAN (PAYYANUR)
            ABRAHAM GEORGE JACOB
            AKSHAY R


RESPONDENT/S:

    1       THE KERALA STATE ELECTRICITY BOARD
            REPRESENTED BY ITS CHAIRMAN,VYDYUTHI BHAVAN,
            PATTOM, THIRUVANANTHAPURAM, PIN 695 004
    2       THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY
            C.C. NO.51/52, NEAR 110 KV SUB STATION, VYTTILA,
            ERNAKULAM- 682 019
    3       THE ASSESSING OFFICER/THE ASSISTANT ENGINEER
            OFFICE OF THE ASSISTANT ENGINEER,
            VARKALA ELECTRICAL SECTION,
            KERALA STATE ELECTRICITY BOARD,
            VARKALA, PIN- 695 141
            BY ADV SRI.ARUNKUMAR A., SC, KSEB


    THIS     WRIT    PETITION      (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON     11.04.2024,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P. (C) No.14396 of 2018             2

                         EASWARAN S. , J.
                       -------------------------
                    W.P. (C) No.14396 of 2018
                  -----------------------------------
               Dated this the 11th day of April 2024

                               JUDGMENT

The present writ petition is filed challenging Exts.P4, P8 and P9

orders.

2. By Ext.P4, the petitioner's objection to provisional assessment

under Section 126 of the Electricity Act, 2003 ('the Act', for short) on

an inspection conducted by the Anti Power Threat Squad was rejected.

Though the petitioner had filed Ext.P5 appeal, the same was also

rejected pursuant to which, demand has been made under

Section 3(9) of the Act. Ext.P8 is the order in appeal and Ext.P9 is the

revised assessment order.

3. The learned counsel appearing for the petitioner submitted

that the petitioner had applied for a fresh electric connection and that

pending dues had been cleared.

Accordingly, the writ petition is closed as infructuous. However,

liberty is granted to the petitioner to reopen the writ petition if any

grievance subsists.

Sd/-

                                                    EASWARAN S.
     NS                                               JUDGE




                  APPENDIX OF WP(C) 14396/2018

PETITIONER EXHIBITS
EXHIBIT P1            THE TRUE COPY OF THE MAHAZAR PREPARED BY
                      THE APTS DATED 21-04-2017
EXHIBIT P2            A   TRUE   COPY   OF   THE   PROVISIONAL

ASSESSMENT ORDER DATED 22-04-2017 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE OBJECTION DATED 29- 04-2017 SUBMITTED BY THE PETITIONER TO EXT.P2 EXHIBIT P4 A TRUE COPY OF THE ORDER NO.VKLA/04/17702/17-18/55 DATED 01-06-

EXHIBIT P5 A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER AGAINST EXT.P4 ORDER BEFORE THE 2ND RESPONDENT EXHIBIT P6 A TRUE COPY OF HE JUDGMENT DATED 13-07- 2017 IN WPC NO.22174/2017 OF THIS HON'BLE COURT EXHIBIT P7 A TRUE COPY OF THE RECEIPT NO.45250170728102108 DATED 28-07-2017 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE CHEQUE AND THE COVERING LETTER EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 07-03-

EXHIBIT P9 A TRUE COPY OF THE REVISED BIL AND DEMAND NO.BB/VKLA/UAL-REVISED-

17702/2017-18-5 DATED 26-03-2018