Citation : 2024 Latest Caselaw 11387 Ker
Judgement Date : 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
WP(C) NO. 15954 OF 2024
PETITIONER:
MANGO MEADOWS AGRICULTURAL PLEASURE
LAND PVT. LTD.,
COMPANY INCORPORATED UNDER THE PROVISIONS OF
THE INDIAN COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT
BUILDING NO. XV/175A, MANGO MEADOWS,
AYAMKUDY P.O., KADUTHURUTHI, KOTTAYAM DISTRICT
PIN- 686 613. REPRESENTED BY ITS MANAGING
DIRECTOR, N.K.KURIEN.
BY ADVS.
P.C.HARIDAS
SAJU JOHN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT
OF POWER, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 659 001.
2 THE KERALA STATE ELECTRICITY BOARD,
VAIDUTHIBHAVAN, PATTOM,
THIRUVANANTHAPURAM- 695 004
REPRESENTED BY ITS CHAIRMAN.
3 THE DIRECTOR OF FINANCE AND HRM,
THE KERALA STATE ELECTRICITY BOARD,
VAIDUTHIBHAVAN, PATTOM,
THIRUVANANTHAPURAM- 695 004.
4 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD,
PALLOM, KOTTAYAM DISTRICT- 686 007.
W.P.(C) No.15954 of 2024
:2:
5 THE SPECIAL OFFICER (REVENUE), KSEB
PATTOM, THIRUVANANTHAPURAM- 695 004.
6 THE SUPERINTENDING ENGINEER,
KERALA STATE ELECTRICITY BOARD, OFFICE OF
THE SUPERINTENDING ENGINEER, KADUTHURUTY,
KOTTAYAM DISTRICT- 686 604.
BY ADV
B PREMOD, STANDING COUNSEL FOR KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.15954 of 2024
:3:
JUDGMENT
Dated this the 19th day of April, 2024
The writ petition is filed seeking a direction to
respondents 2 and 6 to reinstate the electric connection given to
the premises of the petitioner.
2. When the case is taken up today, the learned Counsel
for the petitioner submits that the petitioner is ready and willing to
remit an amount of Rs.5,00,000/- (Rupees Five Lakh Only)
immediately and the balance outstanding amount shall be paid in
three equal and consecutive monthly instalments.
3. Standing Counsel appearing for the Kerala State
Electricity Board submits that the total outstanding amount
payable by the petitioner is Rs.11,64,443/- as on 02.04.2024. If
the petitioner is remitting an amount of Rs.5,00,000/- (Rupees
Five Lakh Only) immediately and the balance outstanding
amount shall be paid in three equal monthly instalments, then the
Kerala State Electricity Board is ready and willing to receive the
payments and reinstate the electric connection forthwith.
Accordingly, the writ petition is disposed of with the
following direction:
(i) The petitioner shall remit an amount of
Rs.5,00,000/- (Rupees Five Lakh Only)
immediately and balance outstanding amount in
subsequent consecutive three equal monthly
instalments. First of such instalments shall be paid
on or before 20.05.2024.
(ii) On payment of an amount of Rs.5,00,000/-
(Rupees Five Lakhs Only), the KSEB shall
reinstate the electric connection to the petitioner's
premises.
(iii) If the petitioner commits single default in
making payments as directed above, the
respondents will be at liberty to continue with
coercive proceedings against the petitioner in
accordance with law.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE AMR
APPENDIX OF WP(C) 15954/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 04.03.2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 12/04/2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2 TO 5 AND THE MINISTER.
Exhibit P3 TRUE COPY OF THE RECEIPTS DATED 23.02.2024 ISSUED BY THE ASSISTANT FINANCIAL OFFICER IN THE OFFICE OF THE 5TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE RECEIPTS DATED 29.02.2024 ISSUED BY THE ASSISTANT FINANCIAL OFFICER IN THE OFFICE OF THE 5TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE DEMAND NOTICE DATED 02.04.2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
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