Kerala State Electricity Board Ltd vs The Kerala State Electricity Appellate ...
2024 Latest Caselaw 32602 Ker

Kerala High Court

Kerala State Electricity Board Ltd vs The Kerala State Electricity Appellate ... on 11 November, 2024

Author: D.K. Singh

Bench: D. K. Singh

WP(C) No.39307/2024                     1/3                        Order Date : 11-11-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE D. K. SINGH
            Monday, the 11th day of November 2024 / 20th Karthika, 1946
                              WP(C) NO. 39307 OF 2024
   PETITIONER:

          KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY
          (ADMINISTRATION),VYDUDHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
          PIN-695004

   RESPONDENTS:

      1. THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY, CC 51/52, NEAR 110
         KV SUB STATION, VYTILLA, KOCHI, PIN-682019
      2. ASSISTANT EXECUTIVE ENGINEER,(ASSESSING OFFICER UNDER SECTION 126 OF
         THE ELECTRICITY ACT), KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL
         SUB DIVISION,VANDIPERIYAR, IDUKKI DISTRICT, PIN-685533
      3. MALANADU SERVICE CO-OPERATIVE BANK LTD NO.K-340, VAGAMON,ELAPPARA
         P.O, IDUKKI(DT), REPRESENTED BY ITS SECRETARY, PIN-685501


        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 issue an interim direction staying the operation of Exhibit P9
   appellate order passed by the 1st respondent in so far as it is adverse to
   the interest of the petitioner, pending final disposal of the 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
   SRI.RAJU JOSEPH (SENIOR.) Advocate along with M/s. C.JOSEPH ANTONY
   & JOSEPH JOSE, Advocates for the petitioner, the court passed the
   following:
 WP(C) No.39307/2024                     2/3                       Order Date : 11-11-2024




        W.P.(C) No. 39307 of 2024




                                   D.K. SINGH, J.
                             --------------------------
                              W.P.(C) No. 39307 of 2024
                              -------------------------
                      Dated this the 11th day of November, 2024



                                       ORDER

Respondent No.2 is deleted from the party array. Necessary

amendments in the memo of parties to be carried out. Issue notice

to the 3rd respondent through usual mode and speed post. Steps for

service of notice on the 3rd respondent to be taken by tomorrow.

Post on 29/11/2024

Sd/-

D. K. SINGH JUDGE Pvv WP(C) No.39307/2024 3/3 Order Date : 11-11-2024

APPENDIX OF WP(C) 39307/2024 Exhibit-P1 TRUE COPY OF THE SITE MAHAZAR DATED 28.10.2022 PREPARED BY THE SUB ENGINEER OF THE ELECTRICAL SECTION PEERUMEDU ALONG WITH ITS ENGLISH TRANSLATION Exhibit-P2 TRUE COPY OF THE PROVISIONAL ASSESSMENT ORDER PASSED BY THE 1ST RESPONDENT DATED 11.11.2022 ALONG WITH ITS ENGLISH TRANSLATION Exhibit-P3 TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT DATED NIL. ALONG WITH ITS ENGLISH TRANSLATION Exhibit-P4 TRUE COPY OF THE FINAL ASSESSMENT ORDER DATED 14.12.2022 ISSUED BY THE 2ND RESPONDENT ALONG WITH IS ENGLISH TRANSLATION Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED 16.02.2023 OF THE LEARNED SINGLE JUDGE Exhibit-P6 TRUE COPY OF THE JUDGMENT IN WA.NO.694 OF 2023 DATED 03.04.2023 Exhibit-P7 THE TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE 3RD RESPONDENT AS APPEAL NO.132/2023 BEFORE THE 1ST RESPONDENT DATED 10.04.2023 Exhibit-P8 TRUE COPY OF THE OBJECTION FILED BY 2ND RESPONDENT IN APPEAL NO.132/2023 DATED 08.12.2023 Exhibit-P9 TRUE COPY OF THE ORDER DATED 12.01.2024 PASSED BY THE 1ST RESPONDENT IN APPEAL NO.132/2023