Kerala High Court
Imam Shafi Islamic Academy vs The Assistant Executive Engineer & ... on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:73106
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 23914 OF 2023
PETITIONER:
IMAM SHAFI ISLAMIC ACADEMY,
AGED 62 YEARS, BADRIYA NAGAR, KUMBALA,
REPRESENTED BY ITS GENERAL SECRETARY, KL ABDUL KHADER,
AGED 62 YEARS, S/O. UMMER KUNHI,
RESIDING AT BADRIYA NAGAR, P O KUMBALA,
KASARGOD DISTRICT, PIN - 671321.
BY ADVS.
SRI. SURESH KUMAR KODOTH
SRI. SUKARNAN
RESPONDENTS:
1 THE ASSISTANT EXECUTIVE ENGINEER & ASSESSING OFFICER,
KSEB LTD., ELECTRICAL SUB DIVISION,
VIDYANAGAR, KASARGOD, PIN - 671123.
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004.
BY ADV.
SRI. RIJI RAJENDRAN - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23914 OF 2023 2
2024:KER:73106
DINESH KUMAR SINGH, J.
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W.P.(C) No. 23914 of 2023
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Dated this the 30th day of September, 2024
JUDGMENT
1. The petitioner claims to be a religious and charitable trust
established and engaged in providing assistance and reliefs to
deserving sectionS of society in the field of education, medical
care etc. The petitioner had been given six service connections by
the Kerala State Electricity Board Ltd. under Tariff 6A and 6B.
2. On 17.05.2023, the Anti Power Theft Squad (APTS) of the
Electricity Board conducted surprise inspection on the premises
of the petitioner and prepared mahazar in respect of three
connections. On the basis of the mahazar, bills for an amount of
Rs. 11,10,298/- in respect of the consumer No. 1166878027665,
Rs. 4,12,211/- in respect of the consumer No. 1166878027666 and
Rs. 2,73,743/- in respect of the consumer No. 1166878027667
were issued to the petitioner vide the assessment order dated
30.05.2023 under Section 126 (5) of the Electricity Act.
3. The petitioner has remedy of filing statutory appeal under
Section 127 if the petitioner is aggrieved by the assessment
2024:KER:73106
orders passed under Section 126 (5) of the Electricity Act
impugned in this writ petition as Exhibits P-10, P-11 and P-12.
This Court, therefore, would not like to enter into the merit of the
matter and the writ petition is hereby disposed of with liberty to
the petitioner to approach the appellate authority against the
three assessment orders issued to the petitioner under Section
126 (5) of the Electricity Act. If the petitioner files such an appeal
within three weeks from today, the appellate authority shall
proceed to hear and consider the appeal in accordance with the
law, without going into the question of limitation.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
2024:KER:73106
APPENDIX OF WP(C) 23914/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTERED AMENDED TRUST DEED
DATED 16.3.2019.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FORM FOR SERVICE
CONNECTION IN RESPECT OF CON. NO. 1166878027665.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FORM FOR SERVICE
CONNECTION IN RESPECT OF CON. NO. 1166878027666.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FORM FOR SERVICE
CONNECTION IN RESPECT OF CON. NO. 1166878027667.
EXHIBIT P5 TRUE COPY OF THE SAID MAHAZAR DATED 17/5/2023 BY
SUB ENGINEER KSEB LTD.
EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED ON 3/6/2023.
EXHIBIT P7 TRUE COPY OF LETTER DATED 19/6/2023 ADDRESSED TO
THE ASSISTANT ENGINEER, ELECTRICAL SECTION
KUMBALA.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 19/6/2023.
EXHIBIT P9 TRUE COPY OF LETTER DATED 30/6/2023 ISSUED BY THE
ASSISTANT ENGINEER, ELECTRICAL SECTION KUMBALA.
EXHIBIT P10 TRUE COPY OF ORDER DATED 23/6/2023 IN RESPECT OF
CONSUMER NUMBER 1166878027665.
EXHIBIT P11 TRUE COPY OF ORDER DATED 23/6/2023 IN RESPECT OF
CONSUMER NUMBER 1166878027666.
EXHIBIT 12 TRUE COPY OF ORDER DATED 23/6/2023 IN RESPECT OF
CONSUMER NUMBER 1166878027667.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 25/6/2022 IN OP
NO.11/2022 ISSUED BY THE KERALA STATE ELECTRICITY
REGULATORY COMMISSION.
