Kerala High Court
K.N. Vijayan vs The Assistant Engineer on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 3284 OF 2020
PETITIONER/S:
K.N. VIJAYAN, AGED 62 YEARS
S/O.LATE K.K.NARAYANA KURUP, MANAYIL HOUSE, S.A.ROAD,
VYTTILA P.O., KOCHI, ERNAKULAM DISTRICT, PIN-682019.
BY ADV C.B.SREEKUMAR
RESPONDENT/S:
1 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SUBDIVISION,
VYDYUTHI BHAVAN, PALA, KOTTAYAM DISTRICT, PIN-686575.
2 THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,
VYDYUTHI BHAVAN, PALA, KOTTAYAM DISTRICT, PIN-686575.
3 ADDL.R3: THE SECRETARY (ADMINISTRATION),
KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004. (IS IMPLEADED AS
PER ORDER DATED 09/06/2023 IN IA 3/23 IN WP(C))
BY ADVS. SRI.N.SATHEESH, C.B.SREEKUMAR, Nirmal S
SMT. THUSHARA JAMES- SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3284/2020
-2-
JUDGMENT
The present writ petition has been filed impugning the
Ext.P4 demand notice for electricity charges in respect of the
connection provided to the petitioner's establishment. The
said notice was challenged by the petitioner before the
Consumer Grievance Redressal Form (CGRF), Kerala State
Electricity Board Ltd, Southern Region, Vydyuthi Bhavanam,
Kottarakkara. The CGRF, however, has dismissed the petition
on the ground that the electricity connection was dismantled
on 17.07.2004 and, therefore, the petitioner was not a
consumer of the KSEB.
2. Ms Thushara James, learned Senior Government
Pleader, submits that once the petitioner has taken a chance
against the Ext.P4 notice before the CGRF, and CGRF has
adjudicated the said notice, the petitioner should not have
filed this writ petition against the very same notice. She
further submits that the petitioner has a remedy of appeal
before the Ombudsman under Regulation 130(8) of the Kerala
Electricity Supply Code 2014. The petitioner has not
challenged the order passed by the CGRF before this Court or
before the appellate authority. She, therefore, submits that
the writ petition is not maintainable against the notice in
Ext.P4, which was finally adjudicated by the CGRF, and that the
order stares at the face of the petitioner.
3. I find substance in the submission of the learned
Senior Government Pleader. When the petitioner has
challenged the very same notice in Ext.P4 before the CGRF and
the CGRF has taken a view, the writ petition would not be
maintainable before this Court against the very same notice in
Ext.P4. In view thereof, I find this writ petition is not
maintainable before this Court. The same is hereby dismissed.
3.1 However, if the petitioner is aggrieved by the
CGRF's decision, the petitioner may file an appeal before the
Ombudsman. If the appeal is filed within fifteen (15) days, the
Ombudsman shall decide the appeal in accordance with the
law without considering the question of limitation. All
Interlocutory Applications regarding interim matters stand
closed.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
APPENDIX OF WP(C) 3284/2020
PETITIONER EXHIBITS
Exhibit P12 TRUE COPY OF THE COMMUNICATION NO.
E.D.P/R.B/3265/2020-21/1149 2ND RESPONDENT
DATED 04.12. 2020
Exhibit P13 TRUE COPY OF THE NOTICE NO. B.B/R.R/PALA/22-23/25
OF 2ND RESPONDENT DATED 11.07. 2022
Exhibit P14 TRUE COPY OF THE REQUISITION IN FOR NO : 24 FOR
RECOVERY OF AMOUNT OTHER THAN PUBLIC REVENUE
DUE ON LAND WHICH IS RECOVERABLE UNDER THE ACT
DATED 23/09/2022
RESPONDENT EXHIBITS
Exhibit R1(b) True copy of the communication letter dated 26-10-2019
submitted to the Deputy Chief Engineer, Pala by the
petitioner
Exhibit R1(a) True copy of the arrear details of Consumer No. 3265
PETITIONER EXHIBITS
Exhibit P14 True copy of the relevant pages of the tariff chart
EXHIBIT P7 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER BEFORE CONSUMER GRIEVANCE
REDRESSAL FORUM, KERALA SATE ELECTRICITY BOARD
LTD-SOUTHER REGION, VYDYUTHI BHAVAN,
KOTTARAKKARA.
EXHIBIT P8 TRUE COPY OF THE VERSION SUBMITTED BY THE
RESPONDENTS BEFORE CONSUMER GRIEVANCE
REDRESSAL FORUM, KERALA STATE ELECTRICITY
BOARD LTD-SOUTHERN REGION, VYDYUTHI BHAVAN,
KOTTARAKKARA.
EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH
COURT OF KERALA IN O.P.NO.59/1983-F DATED
04.01.1983.
EXHIBIT P10 TRUE COPY OF APPLICATION OF THE PETITIONER
DATED 29.11.2019.
EXHIBIT P11 TRUE COPY OF THE REPLY OF THE SENIOR SUPT. FROM
THE OFFICE OF THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE CONSUMER
GRIEVANCE REDRESSAL FORUM, KERALA STATE
ELECTRICITY BOARD LTD-SOUTHERN REGION,
VYDYUTHI BHAVAN, KOTTARAKKARA DATED
23.10.2019.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR, KOTTAYAM DATED 18.03.1983.
EXHIBIT P3 TRUE COPY OF THE LETTER OF THE CHIEF MANAGER,
KERALA FINANCIAL CORPORATION DATED 06.08.2010.
EXHIBIT P4 TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT
DATED 31.10.2014.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER DATED 03.11.2014.
EXHIBIT P6 TRUE COPY OF THE REPLY OF THE 1ST RESPONDENT.
