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Abdul Salam vs Kerala State Electricity Board Ltd
2024 Latest Caselaw 5699 Ker

Citation : 2024 Latest Caselaw 5699 Ker
Judgement Date : 20 February, 2024

Kerala High Court

Abdul Salam vs Kerala State Electricity Board Ltd on 20 February, 2024

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
    TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
                         WP(C) NO. 4600 OF 2012
PETITIONER:

          MANJOORAN HOUSING DEVELOPMENT COMPANY (P) LTD.,
          J&R COMPLEX, MAMANGALAM, COCHIN - 25.
          BY ADVS.
          SRI.C.K.KARUNAKARAN
          SMT.T.P.LEKSHMI VARMA
          SRI.ANOOP JOSE PALAMATTAM


RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD,
          VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695004.
    2     DEPUTY CHIEF ENGINEER,
          TRANSMISSION CIRCLE, KSEB - KERALA STATE ELECTRICITY
          BOARD, KALAMASSERY - 683 104.
    3     DEPUTY CHIEF ENGINEER,
          ELECTRICAL CIRCLE, KSEB KERALA STATE ELECTRICITY
          BOARD, ERNAKULAM - 683 104.
    4     ASSISTANT ENGINEER,
          ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,
          THRIKKAKARA, ERNAKULAM - 682 028.
    5     THE KERALA STATE ELECTRICITY REGULATORY COMMISSION,
          KPFC BHAVAN CV RAMAN PILLAI ROAD, VELLAYAMBALAM,
          THIRUVANANTHAPURAM - 695010.
          BY ADVS.
          SRI.P.SANTHALINGAM (SR.)
          SRI.VIPIN P VARGHESE
          SRI.S.SHARANSCK.S.E.BOARD
          SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY BOARD
          LIMITED
          SRI.ADARSH MATHEW(KAR/2577/2015)
          SRI.KEVIN MATHEW GEORGE(K/1431/2020)
          ADV. MEERA ELSA GEORGE(K/001893/2021)
          ADV. MERLINE MATHEW(K/001279/2022)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024,    ALONG   WITH   WP(C).910/2015,   915/2015   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             2



        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                           1945
                  WP(C) NO. 4186 OF 2013
PETITIONER:


         MOHAMMED YAHYA,
         AGED 54 YEARS,
         PROPRIETOR, M/S. NOBLE HOMES, KADEEJA
         BUILDINGS, MARKET ROAD, ERNAKULAM.
         BY ADVS.
         SRI.T.U.ZIYAD
         SMT.RAMEENA.P.K.
         SRI.SUNIL V.MOHAMMED


RESPONDENTS:


    1    KERALA STATE ELECTRICITY BOARD,
         VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM -
         695 004, REPRESENTED BY ITS CHAIRMAN.

    2    THE DEPUTY CHIEF ENGINEER,
         TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY
         BOARD, KOCHI - 682 018.

    3    THE EXECUTIVE ENGINEER,
         ELECTRICAL DIVISION, KERALA STATE ELECTRICITY
         BOARD, KOCHI - 682 018.

    4    THE ASSISTANT ENGINEER,
         ELECTRICAL SECTION, KERALA STATE ELECTRICITY
         BOARD, ALUVA NORTH, KOCHI - 682 018.

    5    THE KERALA STATE ELECTRICITY REGULATORY
         COMMISSION,
         KPFC BHAVAN, C.V RAMAN PILLAI ROAD,
         VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010,
         REPRESENTED BY ITS CHAIRMAN.
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             3

         BY ADVS.
         SRI.P.SANTHALINGAM (SR.)
         SRI.S.SUJIN, SC, ELECTRICITY REGULATORY
         COMMISSION
         SRI.S.SHARANSCK.S.E.BOARD
         SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY
         BOARD LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                               4

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                             1945
                  WP(C) NO. 4997 OF 2013
PETITIONER:

         P.B.GOPALAKRISHNAN,
         AGED 55 YEARS,
         S/O. (LATE) RAGHAVAN PILLAI, PUKALAKKAT
         ETTUKETTIL HOUSE, PALARIVATTOM POST,
         COCHIN - 682 025.
         BY ADVS.
         SRI.K.N.GOVINDANKUTTY MENON
         SRI.V.B.PREMACHANDRAN


RESPONDENTS:

    1    KERALA STATE ELECTRICITY BOARD,
         VYDHUTHI BHAVANAM, PATTOM,
         THIRUVANANTHAPURAM - 695 004.
    2    THE ASSISTANT ENGINEER,
         ELECTRICAL SUB-DIVISION, KERALA STATE
         ELECTRICITY BOARD, PALARIVATTOM P.O,
         KOCHI - 682 025.
    3    THE EXECUTIVE ENGINEER,
         KERALA STATE ELECTRICITY BOARD, ELECTIRICAL
         DIVISION, ERNAKULAM, KOCHI - 682 018.
         SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY
         BOARD LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND CONNECTED
CASES,   THE   COURT   ON   THE     SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             5

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                           1945
                  WP(C) NO. 6231 OF 2014
PETITIONER:

         MUHAMMED ALTHAF,
         MANAGING DIRECTOR, M/S.FORT BUILDERS (I)
         PRIVATE LIMITED, 6/181 D, KAKKANAD, ERNAKULAM,
         KOCHI - 682 030.
         BY ADVS.
         SRI.T.U.ZIYAD
         SMT.RAMEENA.P.K.
         SRI.SUNIL V.MOHAMMED


RESPONDENTS:

    1    KERALA STATE ELECTRICITY BOARD,
         VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM -
         695 004, REPRESENTED BY ITS CHAIRMAN.

    2    THE DEPUTY CHIEF ENGINEER,
         TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY
         BOARD, HMT COLONY P.O, KALAMASSERY,
         KOCHI - 682 303.

    3    THE EXECUTIVE ENGINEER,
         ELECTRICAL DIVISION , KERALA STATE ELECTRICITY
         BOARD, THRIPUNITHURA, KOCHI - 682 301.
    4    THE ASSISTANT ENGINEER,
         ELECTRICAL SECTION, KERALA STATE ELECTRICITY
         BOARD, HRIKKAKARA, KOCHI - 682 030.

    5    THE KERALA STATE ELECTRICITY REGULATORY
         COMMISSION,
         KPFC BHAVAN, C.V.RAMAN PILLAI ROAD,
         VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010,
         REPRESENTED BY ITS CHAIRMAN.
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                               6

        BY ADVS.
        SRI.P.SANTHALINGAM (SR.)
        JOSWIN THAMBI KUNNATH
        SRI.S.SUJIN, SC, ELECTRICITY REGULATORY
        COMMISSION
        SRI.S.SHARANSCK.S.E.BOARD
        SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY
        BOARD LIMITED
     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             7

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                           1945
                  WP(C) NO. 910 OF 2015
PETITIONERS:
    1     ASSET HOMES(P)LTD,
          PANAMPILLI NAGAR,ERNAKULAM-682 036,
          REPRESENTED BY ITS MANAGING DIRECTOR.
    2     BABU T JOSE,
          EDGE WATER APARTMENTS AND REALTORS,ALAPATT
          NAGAR,KAKKANAD,ERNAKULAM-682 030.
         BY ADVS.
         SRI.C.K.KARUNAKARAN
         SRI.JOPHY POTHEN KANDANKARY


RESPONDENTS:
    1     KERALA STATE ELECTRICITY BOARD LTD.,
          VYDHUTHI BHHAVANAM,PATTOM,
          THIRUVANANTHAPURAM-695 004,REPRESENTED BY ITS
          SECRETARY.
    2     EXECUTIVE ENGINEER,
          ELECTRICAL DIVISION,KERALA STATE ELECTRICITY
          BOARD LTD,ALUVA-683 101.
    3     ASSISTANT ENGINEER,
          ELECTRICAL SECTION,ALUVA NORTH,KERALA STATE
          ELECTRICITY BOARD LTD, ALUVA-683 101.
    4     KERALA STATE ELECTRICITY REGULATORY COMMISSION,
          KPFC BHAVAN,C.V.RAMAN PILLAI
          ROAD,VELLAYAMBALAM,THIRUVANANTHAPURAM-695 010.
         BY ADVS.
         SRI.P.SANTHALINGAM (SR.)
         SRI.S.SHARANSCK.S.E.BOARD
         SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY
         BOARD LIMITED
         SRI.S.SUJIN, SC
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             8



        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                           1945
                  WP(C) NO. 915 OF 2015
PETITIONERS:
    1    ASSET HOMES (P) LTD,
         PANAMPILLI NAGAR,
         ERNAKULAM-682 036,REP.BY ITS MANAGING DIRECTOR.
    2    P.A.ABDUL REHMAN,
         PAZGAYANGADIYIL,
         DOOR NO.IV/334,THOTTUMUGHOM.P.O,ALUVA.
         BY ADVS.
         SRI.C.K.KARUNAKARAN
         SRI.JOPHY POTHEN KANDANKARY
RESPONDENTS:
    1     KERALA STATE ELECTRICITY BOARD LTD,
          VYDHUTHI BHAVANAM,PATTOM,
          THIRUVANANTHAPURAM-695 004.
    2     EXECUTIVE ENGINEER,
          ELECTRICAL DIVISION,KERALA STATE ELECTRICITY
          BOARD LTD,ALUVA-683 101.
    3     ASSISTANT ENGINEER,
          ELECTRICAL SECTION,ALUVA TOWN,KERALA STATE
          ELECTRICITY BOARD LTD, ALUVA-683 101.
    4     KERALA STATE ELECTRICITY REGULATORY COMMISSION,
          KPFC BHAVAN,C.V.RAMAN PILLA ROAD,
          VELLAYAMBALAM,THIRUVANANTHAPURAM-695 010.
         BY ADVS.
         SRI.P.SANTHALINGAM (SR.)
         SRI.S.SUJIN, SC, ERC
         SRI.S.SHARAN, SC, K.S.E.BOARD
         SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY
         BOARD LIMITED
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                                   9



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                                  1945
                       WP(C) NO. 1765 OF 2015
PETITIONER:

            ABDUL SALAM,
            AGED 50 YEARS,
            BEERAN'S TOWER, VAZHAKKALA, THRIKKAKARA P.O.,
            COCHIN - 682 021.
           BY ADVS.
           SRI.C.K.KARUNAKARAN
           SRI.JOPHY POTHEN KANDANKARY


RESPONDENTS:

    1      KERALA STATE ELECTRICITY BOARD LTD,
           VYDHUTHI BHAVANAM, PATTOM P.O.,
           THIRUVANANTHAPURAM - 695 004, REPRESENTED BY
           ITS SECRETARY.
    2      ASSISTANT ENGINEER,
           ELECTRICAL SECTION, KERALA STATE ELECTRICITY
           BOARD LTD, THRIKKAKARA, ERNAKULAM DT - 682 021.
           BY ADVS.
           SRI.RAJU JOSEPH SR.
           SRI.K.T.PAULOSE, SC, KSEB
           SRI.P.A.AHAMED, SC


        THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                                   10



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                                  1945
                       WP(C) NO. 22765 OF 2016
PETITIONER:

           SANY FRANCIS,
           MANAGING DIRECTOR,M/S. HOLY FAITH BUILDERS &
           DEVELOPERS PVT LTD, CC NO.34/2353,MANAGALAM,
           PALARIVATTAM P.O, ERNAKULAM, COCHIN - 682 024.
           BY ADV SRI.PEEYUS A.KOTTAM


RESPONDENTS:

    1          KERALA STATE ELECTRICITY BOARD LTD,
               VYTHUTHI BHAVANAM, PATTAM PALACE,
               TRIVANDRUM - 695 004, REPRESENTED BY ITS
               CHAIRMAN.
    2          DEPUTY CHIEF ENGINEER,
               O/O. DEPUTY CHIEF ENGINEER, KERALA STATE
               ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE,
               ERNAKULAM, COCHIN - 682 018.
    3          EXECUTIVE ENGINEER,
               KERALA STATE ELECTRICITY BOARD LTD,
               ELECTRICAL DIVISION, TRIPUNITHURA,
               PINCODE - 682 301.
    4          ASSISTANT EXECUTIVE ENGINEER,
               KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL
               SUB DIVISION, TRIKKAKARA, ERNAKULAM,
               COCHIN - 682 030.
               SRI.P.A.AHAMED, SC
        THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             11



        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                           1945
                 WP(C) NO. 24071 OF 2016
PETITIONER:

         SANY FRANCIS,
         AGED 52 YEARS,
         MANAGING DIRECTOR, M/S. HOLY FAITH BUILDERS &
         DEVELOPERS PVT. LTD., C.C NO. 34/2353,
         MANAGALAM, PALARIVATTOM P.O., ERNAKULAM,
         COCHIN-682 024.
         BY ADV SRI.PEEYUS A.KOTTAM


RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD LTD,
          VYTHUTHI BHAVANAM, PATTAM PALACE,
          TRIVANDRUM-695 004,
          REPRESENTED BY ITS CHAIRMAN.
    2     DEPUTY CHIEF ENGINEER,
          O/O.DEPUTY CHIEF ENGINEER, KERALA STATE
          ELECTRICITY BOARD LTD., ELECTRICAL CIRCLE,
          ERNAKULAM, COCHIN-682 018.
    3     EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD LTD.,
          ELECTRICAL DIVISION, TRIPUNITHURA,
          PINCODE-682 301.
    4     ASSISTANT EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD LTD.,
          ELECTRICAL SUB DIVISION, TRIKKAKARA,
          ERNAKULAM, COCHIN-682 030.
         BY ADVS.
         SRI.P.SANTHALINGAM (SR.)
         SRI.S.SHARANSCK.S.E.BOARD
         SRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY
         BOARD LIMITED
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                             12



        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
         THE HONOURABLE MR. JUSTICE GOPINATH P.
 TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
                           1945
                 WP(C) NO. 36259 OF 2016
PETITIONER:

         M/S. TRINITY ARCADE (P) LTD.
         TRINITY HOUSE, OPP. CHANGAMPUZHA PARK,
         P.O.EDAPALLY, ERNAKULAM - 682 024,
         REP. BY ITS MANAGING DIRECTOR
         BY ADVS.
         SRI.C.K.KARUNAKARAN
         SRI.JOPHY POTHEN KANDANKARY


RESPONDENTS:

    1     KERALA STATE ELECTRICITY BOARD LTD.
          VYDHUTHI BHAVANAM, PATTOM P.O.,
          THIRUVANANTHAPURAM - 695 004.
    2     EXECUTIVE ENGINEER,
          TRANSMISSION DIVISION KERALA STATE ELECTRICITY
          BOARD LTD. BRAHMAPURAM, ERNAKULAM - 682 303.
    3     ASSISTANT EXECUTIVE ENGINEER,
          ELECTRICAL SUB DIVISION, KERALA STATE
          ELECTRICITY BOARD LTD, VYTILLA,
          ERNAKULAM - 682 019.
    4     ASSISTANT ENGINEER,
          ELECTRICAL SECTION, KERALA STATE ELECTRICITY
          BOARD LTD., THRIKKAKARA, ERNAKULAM - 682 030.
    5     KERALA STATE ELECTRICITY REGULATORY COMMISSION,
          KPFC BHAVANAM, C.V.RAMAN PILLAI ROAD,
          VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 010.
          BY ADV SRI.P.A.AHAMED, SC, KERALA STATE
          ELECTRICITY BOARD LIMITED
          SRI.S.SUJIN, SC, ERC
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH WP(C).4600/2012 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 4600 OF 2012 AND CONNECTED CASES
                                 13

                           JUDGMENT

[WP(C) Nos.4600/2012, 4186/2013, 4997/2013, 6231/2014, 910/2015, 915/2015, 1765/2015, 22765/2016, 24071/2016 and 36259/2016]

Dated this the 20th day of February, 2024

These writ petitions have been filed challenging the legality

of the levy of Transmission Side Development Charges by the

Kerala State Electricity Board. The issue stands covered against

the petitioners by the judgment of a division bench of this court in

W.A.No.900 of 2013 and connected cases. However, it is pointed

out that on the question as to the actual amount payable by the

petitioners, the very same bench which heard and disposed of

W.A.No.900 of 2013 and connected cases (while considering

R.P.No.442 of 2015 in W.A.No.1876 of 2013) has permitted the

petitioner in that case to approach the Consumer Grievance

Redressal Forum if there is any dispute regarding the amounts

payable as Transmission Side Development Charges. It is

submitted that several of the petitioners have approached the

Consumer Grievance Redressal Forum (CGRF). Appeals against

orders of the CGRF were also filed before the appellate authority,

namely the State Electricity Ombudsman. Orders are stated to

have been issued regarding the amounts payable by the respective WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

petitioners. It is submitted that some of these orders require the

re-computation of the amounts demanded by the Kerala State

Electricity Board.

2. It is submitted that leaving open the right of the

petitioners to agitate the issue of quantification before the

statutory authorities, these writ petitions can be closed, making it

clear that the petitioners will also be bound by the terms of the

judgment of the Supreme Court in Special Leave Petitions filed

against the Division Bench judgment of this Court in

W.A.No.900 of 2013 and connected cases. The learned Standing

Counsel for KSEB Limited has no objection.

3. Accordingly, these writ petitions are disposed of,

making it clear that the legality of the demand for Transmission

Side Development Charges shall be subject to orders to be issued

by the Supreme Court in the SLP's filed against the judgment of

this Court in W.A.No.900 of 2013 and connected cases. If, in any

of these cases, the petitioners have a case that, in view of the

provisions contained in the Kerala Electricity Supply Code, 2014,

they are not liable to pay Transmission Side Development

Charges, the said issue may also be raised before the statutory

authorities in accordance with the law. If any of the petitioners WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

have not approached the Consumer Grievance Redressal Forum

with their grievances, they will be permitted to do so, within a

period of one month from the date of receipt of a certified copy of

this judgment. The status quo as of today will, therefore, continue

for a period of one month. It is made clear that the proceedings

before the statutory authorities will be confined to the

quantification of the amounts due as Transmission Side

Development Charges and not the legality of the demand, except

to the extent where any of the petitioners claim that no demand

for such charges can be raised against them in terms of the

provisions contained in the Kerala Electricity Supply Code, 2014.

With the above observations, these writ petitions are closed.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 4600/2012

PETITIONER EXHIBITS

EXT.P1 TRUE COPY PF RECEIPT DATED 16.09.2010, AND THE APPLICATION FOR POWER TO THE EXTENT OF 630 KVA.

EXT.P2 TRUE COPY OF COMMUNICATION NO.TCK/96/DBI/PA/10-11/436 DATED 09.07.2010 OF THE 2ND RESPONDENT. EXT.P3 TRUE COPY ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION VYTILLA LETTER DATED 25.08.2011 EXT.P4 TRUE COPY OF PROCEEDINGS DATED 04.08.2011 OF THE DEPUTY CHIEF ELECTRICAL INSPECTOR.

EXT.P5 TRUE COPY OF PETITIONER'S LETTER DATED 12.10.2011 ADDRESSED TO THE 3RD RESPONDENT EXT.P6 TRUE COPY 3RD RESPONDENT LETTER NO.AE3/MANJOORAN/2011-12/3934 DATED 09.11.2011.

EXT.P7 TRUE COPY OF THE B.O(FM) NO.2542/2007(TPC2/210/2007) DATED 07.11.2007 ISSUED BY THE 1ST RESPONDENT EXT.P8 TRUE COPY OF ORDER IN O.P.NO.13 DATED 16.11.2009 ISSUED BY THE 5TH RESPONDENT EXT.P9 TRUE COPY OF 5TH RESPONDENT'S COMMUNICATION DATED 27.04.2011. EXT.P10 TRUE COPY OF THE INTERIM ORDER DATED 19.11.2011 PASSED IN WPC NO.30911 OF

WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 4186/2013

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF PETITIONER'S APPLICATION DATED 11.10.2012 EXT.P2 TRUE COPY OF LETTER NO.EDE/DB/SOP50/M/s NOBLE HOMES 12-13/02186 DATED 04.01.2013 EXT.P3 TRUE COPY OF ORDER IN O.P.NO.13 DATED 16.11.2009 ISSUED BY THE 5TH RESPONDENT EXT.P4 TRUE COPY OF LETTER DATED 27.04.2011 OF THE 5TH RESPONDENT EXT.P5 TRUE COPY OF INTERIM ORDER DATED 23.01.2013 PASSED IN WP(C)NO.2275 OF

WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 4997/2013

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF DEMAND LETTER DATED 7-2- 2013 FROM THE III RESPONDENT EXT.P2 TRUE COPY OF JUDGMENT DATED 20-12-2012 IN W.P.(C)NO.30703/2012(K) WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 6231/2014

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PETITIONER'S APPLICATION DATED 27/8/13 EXHIBIT P2 TRUE COPY OF LETTER NO.DB3-25/OYEC-

TKRA/13-14/1707 DATED 3/1/2014 EXHIBIT P3 TRUE COPY OF ORDER IN OP NO.13 DATED 16/11/2009 ISSUED BY THE 5TH RESPONDENT EXHIBIT P4 TRUE COPY OF LETTER DATED 27/4/2011 OF THE 5TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 15/1/2014 PASSED IN WPC NO. 1315/2014 EXHIBIT P6 TRUE COPY OF LETTER DATED 7/1/2014 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 910/2015

PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE ORDER NO.T4-12585/12 EIE DATED 26.08.2014 ISSUED BY THE ELECTRICAL INSPECTOR,ERNAKULAM EXT.P2 TRUE COPY OF THE APPLICATIONS DATED 20.12.2014 RELATING TO APARTMENT NUMBER 6A.

EXT.P3 TRUE COPY OF THE COVERING LETTER DATED 16.01.2014 AND APPLICATION BY THE IST PETITIONER EXT.P4 TRUE COPY OF LETTER DATED 22.11.2014 RECEIVED FROM THE 3RD RESPONDENT EXT.P5 TRUE COPY OF JUDGMENT IN W.A.999 OF 2013 DATED 30.06.2014 - HIGH COURT OF KERALA.

EXT.P6 TRUE COPY OF REPLY DATED 25.11.2014 SENT BY THE IST PETITIONER TO THE 2ND RESPONDENT EXT.P7 TRUE COPY OF 3RD RESPONDENT'S LETTER DATED 19.12.2014 EXT.P8 TRUE COPY OF LETTER DATED 20.12.2014 FROM THE 2ND RESPONDENT.

WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 915/2015

PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE ORDER NO.T4-750/13/EIE DATED 06.11.2014 ISSUED BY THE ELECTRICAL INSPECTOR,ERNAKULAM EXT.P2 TRUE COPY OF THE APPLICATIONS RELATING TO APARTMENT NUMBER 8A EXT.P3 TRUE COPY OF COVERING LETTER DATED 16.12.2014 EXT.P4 TRUE COPY OF LETTER DATED 22.11.2014 FROM THE 3RD RESPONDENT EXT.P5 TRUE COPY OF JUDGMENT IN W.A.NO.999 OF 2013 DATED 30.06.14 -HIGH COURT OF KERALA.

EXT.P6 TRUE COPY OF REPLY DATED 25.11.2014 SENT BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P7 TRUE COPY OF LETTER DATED 19.12.2014 OF THE 3RD RESPONDENT EXT.P8 TRUE COPY OF THE LETTER DATED 20.12.2014 OF THE 2ND RESPONDENT. WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 1765/2015

PETITIONER EXHIBITS EXHIBIT-P1- TRUE COPY OF JUDGMENT DATED 02/07/2013 IN W.P(C) 1953 OF 2013 EXHIBIT-P2- TRUE COPY OF JUDGMENT DATED 30/06/2014

EXHIBIT-P3- TRUE COPY OF 2ND RESPONDENT'S LETTER DATED 23/12/2014.

EXHIBIT-P4- TRUE COPY OF THE ORDER DATED 23/05/2011 OF THE KSE REGULATORY COMMISSION. EXHIBIT-P5- TRUE COPY OF CIRCULAR DATED 13/07/2011 OF THE 1ST RESPONDENT EXHIBIT-P6- TRUE COPY OF LETTER DATED 02/01/2015 OF THE PETITIONER.

WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 22765/2016

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF KSERC ORDER DATED 23-5- 2011 IN PETITION TP-87/2011 EXHIBIT P2 TRUE COPY OF KSEB LTD CIRCULAR DATED 13-07-2011 EXHIBIT P3 TRUE COPY OF THE LETTER DATED 04-03- 2015 ISSUED BY KSEB LTD TO THE PETITIONER EXHIBIT P3(A) TRUE COPY OF THE LETTER DATED 17-03- 2015 ISSUED BY KSEB LTD TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 20-03- 2015 OF THIS HONOURABLE COURT IN WPC NO

EXHIBIT P5 TRUE COPY OF KSEB LTD ORDER DATED 22- 01-2015 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 26-03- 2015 OF THIS HONOURABLE COURT IN WPC NO

EXHIBIT P7 THE TRUE COPY OF THE ORDER OF THE OMBUDSMAN FOR ELECTRICITY BOARD DATED 18-12-2015 IN APPEAL PETITION NO. P-

EXHIBIT P8 A TRUE COPY OF RESPONDENT'S LETTER DATED 15-06-2016 ISSUED TO THE PETITIONER EXHIBIT P9 A TRUE COPY OF RESPONDENT'S LETTER DATED 02-06-2016 EXHIBIT P10 THE TRUE COPY OF INTERIM ORDER DATED 10-02-2016 IN WPC NO.4961/2016-(U) OF THIS HONOURABLE COURT WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 24071/2016

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF KSERC ORDER DATED 23-5- 2011 IN PETITION TP-87/2011.

EXHIBIT P2 TRUE COPY OF KSEB LTD CIRCULAR DATED 13-07-2011.

EXHIBIT P3 TRUE COPY OF THE LETTER NO. DB/OYEC-

TKRA/15-16/4103 DATED 10-03-2016 ISSUED BY KSEB LTD. TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22-01- 2015 OF KSREC IN OP NO.22/2011. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 26-03- 2015 OF THIS HONOURABLE COURT IN WPC NO. 9854/2015.

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE OMBUDSMAN FOR ELECTRICITY DATED 18-12- 2015 IN APPEAL PETITION NO.P-154/2015. EXHIBIT P7 THE TRUE COPY OF THE INTERIM ORDER DATED 07-07-2016 IN WPC NO.

22765/2016-(U) OF THIS HONOURABLE COURT WP(C) NO. 4600 OF 2012 AND CONNECTED CASES

APPENDIX OF WP(C) 36259/2016 PETITIONER EXHIBITS EXHIBIT P1 KSERC ORDER DATED 23-5-2011 IN PETITION T.P.-87/2011 EXHIBIT P2 TRUE COPY OF KSEB LTD CIRCULAR DATED 13- 07-2011 EXHIBIT P3 TRUE COPY OF THE DEMAND DATED 04-03-2015 ON THE PETITIONER EXHIBIT P4 TRUE OPY OF PETITIONER'S LETTER DATED 12-03-2015 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22-05- 2015 IN WPC NO.2292 OF 2013 EXHIBIT P6 TRUE COPY OF KSERC ORDER DATED 22-01-2015

EXHIBIT P7 TRUE COPY OF OMBUDSMAN ORDER DATED 18-12-

EXHIBIT P8 TRUE COPY OF 1ST RESPONDENT'S LETTER DATED 2-6-2016 EXHIBIT P9 TRUE COPY OF PETITIONER'S LETTER DATED 09-06-2016 EXHIBIT P10 TRUE COPY OF 1ST RESPONDENT'S LETTER DATED 15-06-2016 EXHIBIT P11 TRUE COPY OF PETITIONER'S LETTER DATED 17-06-2016 EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC NO.24088 OF 2016 EXHIBIT P13 TRUE COPY OF 3RD RESPONDENT'S LETTER DATED 04-08-2016 EXHIBIT P14 TRUE COPY OF PETITIONER'S LETTER DATED 25-08-2016 EXHIBIT P15 TRUE COPY OF APPLICATION FOR POWER CONNECTION EXHIBIT P16 TRUE COPY OF 4TH RESPONDENT'S LETTER DATED 15-06-2016 EXHIBIT P17 TRUE COPY OF 4TH RESPONDENT'S LETTER DATED 11-07-2016 EXHIBIT P18 TRUE EXTRACT FROM THE KSEBL POWER SYSTEMS STATISTICS FOR THE YEAR 2012-2013 EXHIBIT P19 TRUE EXTRACT FROM KSEB TRANSMISSION ASSET (DETAILS OF SUB-STATIONS UNDER TRANSMISSION WING) AS ON 30-06-2016 EXHIBIT P20 TRUE EXTRACT FROM THE ANNUAL ADMIISTRATIVE REPORT OF KSEBL FOR THE YEAR 2009-10 EXHIBIT P21 TRUE EXTRACT OF THE ANNUAL ADMINISTRATIVE REPORT OF KSEB FOR THE YEAR 2011-12

 
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