Kerala High Court
Adat Farmers Service Co-Operative Bank ... vs The Chief Engineer on 25 September, 2024
Author: A. Muhamed Mustaque
Bench: A. Muhamed Mustaque
2024:KER:71359
W.A. No.1470 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WA NO. 1470 OF 2024
AGAINST THE JUDGMENT DATED 14.08.2024 IN WP(C)
NO.15509 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
ADAT FARMERS SERVICE CO-OPERATIVE BANK LTD NO R
689,
PURANATTUKARA, PURANATTUKARA P.O., THRISSUR ,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680
551
BY ADV P.C.SASIDHARAN
RESPONDENTS/RESPONDENTS:
1 THE CHIEF ENGINEER, KERALA STATE ELECTRICITY
BOARD LTD, O/O THE CHIEF ENGINEER (RENEWABLE
ENERGY & ENERGY SAVINGS), VYDHUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695 004
2 THE EXECUTIVE ENGINEER, KERALA ELECTRICITY BOARD
LTD, O/O THE EXECUTIVE ENGINEER, ELECTRICAL
DIVISION, THRISSUR WEST, CHEMBUKKAVU, THRISSUR,
PIN - 680 020
3 ADDL.R3. 9TH MURI KOLE PADAVU FARMERS ASSOCIATION
REG.NO.R-689, KOORAMPARA, THRISSUR,
2024:KER:71359
W.A. No.1470 of 2024
2
REPRESENTED BY ITS CONVENER. (IMPLEADED AS PER
ORDER DATED 03-06-2024 IN IA 1/24 IN WPC), PIN -
680 551
NIRMAL S SC FOR R3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:71359
W.A. No.1470 of 2024
3
JUDGMENT
A. Muhamed Mustaque, Acg.C.J.
This appeal was preferred by a society. A demand has
been raised by the Electricity Board pursuant to tri-party
agreement. As per the agreement, it appears that certain
amount is due to the Electricity Board towards erection and
installation of dewatering pump.
2. The appellant's case is that the appellant was
not a party to the tri- party agreement and it is not bound by
any agreement entered between the third parties. The appellant
apprehends enforcement of the demand and accordingly,
approached this Court.
3. The learned Single Judge noted that there
exists a disputed question of facts and therefore, this dispute
cannot be resolved without adjudication by a court. We also
endorse the view of the learned Single Judge. Who has to file a
civil suit is the concern as the appellant apprehends enforcement
of the demand without recourse to the law by the Board. The
Board is a statutory Board. If the demand or due is not
2024:KER:71359
regulated or covered by any of the statutory provisions under
the Electricity Act or Regulations, such a demand will have to be
enforced only through proper adjudication by filing a civil suit
before the civil court. We are not referring to any of these
matters. We only hold that the demand cannot be directly
enforced without recourse to adjudication in accordance with
law.
With the observations as above, the appeal stands
disposed of.
Sd/-
A.MUHAMED MUSTAQUE
ACTING CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
PR
