Kerala High Court
Edward G Perer vs State Of Kerala on 3 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 43428 OF 2023
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2024:KER:67058
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 43428 OF 2023
PETITIONERS:
1 EDWARD G PERER,
AGED 62 YEARS
S/O GEORGE PERERA ,SAFALIYA HOUSE ,
VETTUTHURA,KADINAMKULAM VILLAGE, KADINAMKULAM
MURIYIL,KAZHAKOOTAM THIRUVANATHAPURAM TALUK, PIN -
695582
2 TESSY PERERA,
AGED 56 YEARS
W/O EDWARD PERERA ,SAFALIYA HOUSE ,
VETTUTHURA,KADINAMKULAM VILLAGE, KADINAMKULAM
MURIYIL,KAZHAKOOTAM THIRUVANATHAPURAM TALUK, PIN -
695582
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
SANJAY SELLEN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,THRIRUVANTHAPURAM, PIN -
695033
2 THE DISTRICT COLLECTOR,
2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION
ROAD, THIRUVANANTHAPURAM, KERALA, PIN - 695043
WP(C) NO. 43428 OF 2023
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2024:KER:67058
3 THE DEPUTY TAHASILDAR,
TALUK OFFICE ROAD, THIRUVANANTHAPURAM FORT,
THIRUVANANTHAPURAM, PIN - 695023
4 THE VILLAGE OFFICER,
KADINAMKULAM VILLAGE OFFICE, PUTHUKURICHI, KERALA,
PIN - 695303
5 THE EXECUTIVE ENGINEER ,
KSEB LTD,110 KV SUB STATION
BUILDING,KAZHAKKUTTOM.P.O., PIN - 695582
6 THE ASSISTANT ENGINEER,
ELECTRICCAL SECTION ,K S E B SUB STATION
KANIYAPURAM, THIRUVANATHAPURAM, PIN - 695301
7 FEDILAS JUSTIN,
42 YEARS, S/O JUSTIN L LOPZE,RESIDING AT FT HOME
CHINNAKARA POST OFFICE , KADINAMKULAM VILLAGE, PIN -
691001
SRI. RIJI RAJENDRAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 43428 OF 2023
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2024:KER:67058
JUDGMENT
The present writ petition has been filed questioning the
demand notices in Exts.P2 and P3 for electricity charges up to 2005
- 06. All demand notices have been issued after a lapse of 17 years.
Considering the time for issuing the demand notices taken
by the Board for the electricity dues of the year 2005 -06, I am of
the view that the claim of the Board is barred by limitation and
therefore, the said demand notices are hereby set aside.
With the above observation, the writ petition stands
allowed.
Sd/-DINESH KUMAR SINGH
JUDGE
lsn
WP(C) NO. 43428 OF 2023
2024:KER:67058
APPENDIX OF WP(C) 43428/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED 2605/2003 DATED
27.08.2003 OF SRO KAZHAKOOTTAM
Exhibit P2 TRUE COPY OF THE DEMAND NOTICES DATED
10.08.23 IN THE NAME OF THE PETITIONERS
ISSUED BY THE 3RD RESPONDENT IN FORM NO 1
Exhibit P3 THE TRUE COPY OF THE DEMAND NOTICES DATED
10.08.23 IN THE NAME OF THE PETITIONERS
ISSUED BY THE 3RD RESPONDENT IN FORM NO 10
Exhibit P4 TRUE COPY OF THE OTS SCHEME DATED 22.08.23
SERVED TO THE 1ST PETITIONER
Exhibit P4(a) TRUE COPY OF THE OTS SCHEME DATED 22.08.23
SERVED TO THE 2ND PETITIONER
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED TO THE 3RD RESPONDENT
Exhibit P5(a) TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED TO THE 5TH RESPONDENT
Exhibit P5(b) TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED TO THE 6TH RESPONDENT
Exhibit -P6 TRUE COPY OF THE LIST OF BILLS CONSUMER NO
17190
Exhibit P6(a) TRUE COPY OF THE LIST OF BILLS CONSUMER NO
17191
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
