Kerala High Court
The Dakshina Bharath Hindi Prachar ... vs The Kerala State Electricity Board ... on 6 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.19211/2024 1/5 Order Date : 06-06-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
WP(C) NO. 19211 OF 2024
PETITIONER:
THE DAKSHINA BHARATH HINDI PRACHAR SABHA, REPRESENTED BY ITS
SECRETARY, CHITTOOR ROAD, ERNAKULAM, PIN - 682016
RESPONDENTS:
1. THE KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS
MANAGING DIRECTOR, VYDYUTHI BHAVAN, PATTOM (P.O),
THIRUVANANTHAPURAM, , PIN - 695004
2. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY
ITS SECRETARY, K.P.F.C. BHAVANAM, CV RAMAN PILLAI ROAD,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010
3. THE ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, COLLEGE, CLUB ROAD,
KOCHI , PIN - 682011
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of exhibits-p30 and p31 orders and also
exhibits-p32 and p33 demand cum disconnection notices, and further direct
the 3rd respondent to charge the petitioner with the tariff under lt-vi(a)
for the energy consumed, pending the disposal of writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. JAWAHAR JOSE, SANAND RAMAKRISHNAN, AUGUSTINE P., SAFEER BAWA A.S. &
CISSY MATHEWS, Advocates for the petitioner, the court passed the
following:
WP(C) No.19211/2024 2/5 Order Date : 06-06-2024
N.NAGARESH, J.
-----------------------------------------
W.P.(C) No.19211 of 2024
-------------------------------------------------
Dated this the 6th day of June, 2024
ORDER
Standing Counsel takes notice for the respondents.
2. In the facts of the case, there will be an interim order as
prayed for, for a period of one month.
3. Respondents to file counter affidavit.
Post on 05.07.2024.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.19211/2024 3/5 Order Date : 06-06-2024
APPENDIX OF WP(C) 19211/2024
Exhibit -P1 THE TRUE COPY OF DAKSHINA BHARAT HINDI PRACHAR SABHA
ACT, ACT 14 OF 1964, PROMULGATED BY THE INDIAN
PARLIAMENT.
Exhibit-P2 THE TRUE COPY OF ORDER DATED 12-11-2010 BEARING NUMBER
F.4-174/2010-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P3 THE TRUE COPY OF ORDER DATED 15-2-2012 BEARING NUMBER
F.4-191/2012-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P4 THE TRUE COPY OF ORDER DATED 18-12-2013 BEARING NUMBER
F.4-191/2013-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P5 THE TRUE COPY OF ORDER DATED 14-6-2015 BEARING NUMBER
F.NO.4-174/2014-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P6 THE TRUE COPY OF ORDER DATED 14-6-2016 BEARING NUMBER
F.4-191/2015-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P7 THE TRUE COPY OF ORDER DATED 6-6-2017 BEARING NUMBER
F.4-191/2016-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P8 THE TRUE COPY OF ORDER DATED 10-9-2021 BEARING NUMBER
F.4-191/2021-K.A.E, ISSUED BY THE MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA.
Exhibit-P9 THE TRUE COPY OF RELEVANT PAGES OF THE ORDER DATED
31-12-2007 BEARING NUMBER KSERC/III/TP-33/2007, ISSUED
BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION.
Exhibit-P10 THE TRUE COPY OF RELEVANT PAGES OF THE ORDER DATED
25-7-2012 ISSUED BY THE KERALA STATE ELECTRICITY
REGULATORY COMMISSION .
Exhibit-P11 THE TRUE COPY OF RELEVANT PAGES OF THE ORDER DATED
30-4-2013 ISSUED BY THE KERALA STATE ELECTRICITY
REGULATORY COMMISSION .
Exhibit -P12 THE TRUE COPY OF RELEVANT PAGES OF THE ORDER DATED
14-8-2014 ISSUED BY THE KERALA STATE ELECTRICITY
REGULATORY COMMISSION . THE TRUE COPY OF RELEVANT PAGES
OF THE ORDER DATED 14-8-2014 ISSUED BY THE KERALA STATE
ELECTRICITY REGULATORY CPMMISSION.
Exhibit-P13 THE TRUE COPY OF RELEVANT PAGES OF THE ORDER DATED
17-4-2017 BEARING NUMBER 1007/F&T/2016/KSERC, ISSUED BY
THE KERALA STATE ELECTRICITY REGULATORY COMMISSION.
Exhibit-P14 THE TRUE COPY OF RELEVANT PAGES OF THE ORDER DATED
25-6-2022 ISSUED BY THE KERALA STATE ELECTRICITY
REGULATORY COMMISSION .
Exhibit-P15 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
26-8-2009 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647 (5647-5).
Exhibit-P16 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
23-2-2010 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647 (5647-5).
Exhibit-P17 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
17-11-2014 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
WP(C) No.19211/2024 4/5 Order Date : 06-06-2024
Exhibit-P18 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
21-1-2015 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
Exhibit-P19 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
20-1-2016 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
Exhibit-P20 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
20-5-2019 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
Exhibit-P21 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
20-1-2020 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
Exhibit-P22 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
17-1-2024 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
Exhibit -P23 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
23-2-2010 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648 (5648-5).
Exhibit-P24 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
23-5-2012 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648 (5648-5).
Exhibit -P25 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
17-11-2014 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648.
Exhibit-P26 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
21-1-2015 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648.
Exhibit -P27 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
17-3-2016 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648.
Exhibit-P28 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
20-5-2019 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648.
Exhibit-P29 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
17-1-2024 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648.
Exhibit-P30 THE TRUE COPY OF ORDER DATED 20-4-2024 ISSUED BY THE
3RD RESPONDENT DEMANDING AN AMOUNT OF RS.8,27,139/- IN
RESPECT OF CONSUMER NUMBER 1155407005647.
Exhibit -P31 THE TRUE COPY OF ORDER DATED 20-4-2024 ISSUED BY THE
3RD RESPONDENT DEMANDING AN AMOUNT OF RS.3,23,420/- IN
RESPECT OF CONSUMER NUMBER 1155403005648.
Exhibit-P32 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
20-4-2024 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155407005647.
Exhibit -P33 THE TRUE COPY OF DEMAND CUM DISCONNECTION NOTICE DATED
20-4-2024 ISSUED BY KSEB IN RESPECT OF CONSUMER NUMBER
1155403005648.
Exhibit -P34 THE TRUE COPY OF COMMUNICATION DATED 21-5-2024 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER IN RESPECT OF
CONSUMER NUMBER 1155407005647.
Exhibit -P35 THE TRUE COPY OF COMMUNICATION DATED 21-5-2024 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER IN RESPECT OF
CONSUMER NUMBER 1155403005648.
WP(C) No.19211/2024 5/5 Order Date : 06-06-2024
Exhibit-P36 THE TRUE COPY OF JUDGMENT OF THE HON'BLE SUPREME COURT
IN KSEB & ANOTHER VS. PRINCIPAL, SIR SYED INSTITUTE FOR
TECHNICAL STUDIES, REPORTED IN (2021) 14 SCC 118.
