Shamsudheen K.K vs Executive Engineer
2024 Latest Caselaw 11805 Ker

Kerala High Court

Shamsudheen K.K vs Executive Engineer on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                       WP(C) NO. 16285 OF 2024
PETITIONER:

          SHAMSUDHEEN K.K,
          AGED 35 YEARS
          S/O HAMZA, RESIDING AT KUNHAM KUZHIYIL,
          NADAKKUTHAZHA VILLAGE, NADAKKUTHAZHA POST,
          VATAKARA TALUK, KOZHIKODE DISTRICT,
          PIN - 673112

          BY ADVS.      LAL K.JOSEPH
                        P.MURALEEDHARAN (THURAVOOR)
                        T.A.LUXY
                        SURESH SUKUMAR
                        ANZIL SALIM
                        SANJAY SELLEN
                        SONIA SHIBU


RESPONDENTS:

    1     EXECUTIVE ENGINEER,
          ELECTRICAL DIVISION,
          KERALA STATE ELECTRICITY BOARD LIMITED,
          VATAKARA, VATAKARA POST,
          VATAKARA TALUK, KOZHIKODE DISTRICT,
          PIN - 673101

    2     THE KERALA STATE ELECTRICITY BOARD,
          REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
          VYDYUTHI BHAVAN, PATTOM,
          THIRUVANANTHAPURAM, PIN - 695004


OTHER PRESENT:

          SC SRI. B PREMOD

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16285/2024

                                         -:2:-




                         Dated this the 30th day of April, 2024

                             JUDGMENT

Heard the learned counsel for the petitioner as

well as the learned Standing Counsel for the

respondents.

2. The learned counsel for the petitioner submits

that the total arrears of pole rent due would come to

Rs.2,50,000/- approximately. The learned counsel

further submits that the petitioner is prepared to pay

the arrears in 15 monthly instalments.

Having heard both sides, this writ petition is

disposed of as follows:

(i) The petitioner shall pay a sum of Rs.50,000/-

(Rupees fifty thousand only) towards the arrears of rent within one week from today.

(ii) The balance amount shall be paid by the petitioner in five equal monthly instalments

commencing from 01.07.2024.

Sd/-

                           DR. KAUSER EDAPPAGATH
                                        JUDGE
DST/02.05.24                                    //True copy//

                                                P.A.To Judge







                              APPENDIX


PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE REGISTRATION CERTIFICATE

BEARING NO. 251/2018 DATED 18/10/2023 ISSUED BY DEPARTMENT OF POSTS, GOVERNMENT OF INDIA

EXHIBIT P2 TRUE COPY OF THE AGREEMENT NO. 87/CTV/19-20 DATED 05.12.2019 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT WHO IS REPRESENTING THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO. 135/CTV/22- 23 DATED 27.02.2023 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT WHO IS REPRESENTING THE 2ND RESPONDENT

EXHIBIT P4 THE TRUE COPY OF OS 38/2024 DATED 29/2/2024 PENDING BEFORE VATAKARA MUNSIFF COURT FILED BY THE PETITIONER

EXHIBIT P5 THE TRUE COPY OF IA 2/2024 DATED 29/2/2024 IN OS 38/2024 FOR TEMPORARY INJUNCTION FILED BEFORE VATAKARA MUNSIFF COURT FILED BY THE PETITIONER

EXHIBIT P6 PHOTOGRAPHS (4 NOS.) EVIDENCING THE RECENTLY DISMANTLED CABLES OF THE APPLICANT/PETITIONER

RESPONDENT'S EXHIBITS : NIL