Kerala High Court
Joe.I. Mangaly vs Kerala State Electricity Board ... on 5 June, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 1450 OF 2021
PETITIONER/S:
JOE.I. MANGALY
AGED 56 YEARS
MANAGING PARTNER, MANGALY TIMBER AND FURNITURE,
PET BOTTLE DIVISION, HAVING THE OFFICE AT B.O.C.
COLLEGE BYPASS ROAD, PALAKKAD 678 014.
BY ADVS.
SINDHU SANTHALINGAM
A.D.SHAJAN
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD -LIMITED,
VYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM 695
004, REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR.
2 THE ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY
BOARD LIMITED, KALPATHY, PALAKKAD 678 003.
3 THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL
SECTION, OLAVAKKODE, PALAKKAD 678 002.
4 THE DPEUTY TAHSILDAR,
PALAKKAD TALUK, PALAKKAD 678 001.
5 THE CONSUMER GRIEVANCE REDRESSAL FORUM.,
NORTHERN REGIONA, KOZHIKODE, VYDHYDHI BHAVANAM,
GANDHI ROAD, KOZHIKODE 673 032.
OTHER PRESENT:
SRI. DHEERAJ A.S.- GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1450 OF 2021
2
DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No.1450 of 2021
-------------------------
Dated this the 5th day of June 2024
JUDGMENT
The petitioner had approached this Court
impugning Ext.P3 notice. Vide the impugned notice,
the petitioner has been directed to remit an amount
of Rs.86,58,781.29/-, the outstanding energy
charges for the consumption of energy. During the
pendency of this Writ Petition, the petitioner has
also approached the Consumer Grievance Redressal
Forum (CGRF). However, the CGRF has dismissed the
complaint. Against the order passed by the CGRF,
the petitioner has moved an appeal before the
Electricity Ombudsman and the said appeal is
pending for consideration.
When the petitioner has availed the statutory
remedy available to him against the impugned show
cause notice, this court does not find any ground
to keep the Writ Petition pending on the files of
WP(C) NO. 1450 OF 2021
this Court. Hence, the Writ Petition is hereby
dismissed with liberty to the petitioner pursue the
appeal before the Electricity Ombudsman. The
Electricity Ombudsman should proceed with the
appeal expeditiously and conclude the same
preferably within a period of three months.
Sd/-
DINESH KUMAR SINGH
JUDGE
SSG
WP(C) NO. 1450 OF 2021
APPENDIX OF WP(C) 1450/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED
8/06/2020 ALONG WITH THE CALCULATION
STATEMENT.
EXHIBIT P2 TRUE COPY OF THE PRELIMINARY OBJECTIONS
SUBMITTED ON 19.08.2020.
EXHIBIT P3 TRUE COPY OF THE NOTICE BEARING NO.
BB/OKD/ARREAR/2020-2021/207 DATED
9/10/2020.
EXHIBIT P4 TRUE COPY OF THE NOTICE BEARING NO.
BB/ARREARS/CC/2020-21/211 DATED
30/10/2020.
EXHIBIT P5 TRUE COPY OF THE REVENUE RECOVERY NOTICE
DATED 6/01/2021 ISSUED BY THE DEPUTY
TAHSILDAR, PALAKKAD.
EXHIBIT P5 (A) TRUE COPY OF THE REVENUE RECOVERY NOTICE
7/01/2021 ISSUED BY THE DEPUTY
TAHSILDAR, PALAKKAD.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
19.08.2015 O THE HONOURABLE HIGH COURT
OF KERALA IN WPC NO. 25292/2015.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED
23.10.2019 IN RP NO. 1194/2015 N WPC NO.
25292/2015.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 16.06.2020
PASSED BY THE OMBUDSMAN IN P/005/2020.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 4.02.2013
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE MEMORANDUM OF THE
AFORESAID COMPLAINT SUBMITTED ON
13.01.2021.
EXHIBIT P11 TRUE COPY OF THE STAY PETITION DATED
12.01.2021.
