Kerala High Court
WP(C)/38084/2008 of M.S.PENNISULAR HONDA, MARADU Vs THE KERALA STATE ELECTRICITY BOARD, TVM. on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38084 of 2008(H) -------------------------- PETITIONER(S): --------------- M/S.PENINSULAR HONDA, BY PASS ROAD, KUNDANNOOR, MARADU, ERNAKULAM, COCHIN -
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38084 of 2008(H)
--------------------------
PETITIONER(S):
---------------
M/S.PENINSULAR HONDA, BY PASS ROAD,
KUNDANNOOR, MARADU, ERNAKULAM,
COCHIN - 682 204, REPRESENTED BY ITS
CHAIRMAN - MR.K.P.PATEL.
BY ADV. SRI.PREMJIT NAGENDRAN
RESPONDENT(S):
---------------
KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS
THE SPECIAL OFFICER (REVENUE)
VYDHUTHI BHAVAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
SC FOR KSEB SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ANTONY DOMINIC,J.
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W.P.(C).No. 38084/ 2008
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Dated this the 26[th] day of December, 2008.
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JUDGMENT
Petitioner is a dealer of Honda cars having HTIV electricconnection with Consumer No.25/4235. There was aninspection on his premises by the Anti Power Theft Squad andExt.P1 is the mahazar. Thereafter he was issued Ext.P2demanding a sum of Rs.7,92,123/- and on receipt thereof, thepetitioner has filed Ext.P3 objection which has been producedalong with I.A.No.16481/2008. Petitioner submits that theSpecial Officer(Revenue) of the Board has not considered Ext.P3objection and that in the meanwhile, he has been threatenedwith disconnection of power supply for non-payment of theamount. It is in these circumstances the writ petition is filed.
Although several contentions on the merits have beenraised by the petitioner, at this stage, I do not think itnecessary that this court should pronounce on the validity ofExt.P2. Since Ext.P3 objection filed by the petitioner on receipt WP(c).No.38084/2008
of Ext.P2 is pending before the Special Officer, I direct theSpecial Officer (Revenue) of the respondent Board toconsider Ext.P2 in the light of Ext.P3 objection with noticeto the petitioner and take a final decision in this matter asexpeditiously as possible and at any rate within 6 weeksfrom the date of production of a copy of the judgment. Inthe meanwhile further proceedings pursuant to Ext.P2 willbe kept in abeyance on condition that the petitioner remits1/4[th] of the amount demanded within 2 weeks from today.
Writ Petition is disposed of as above.
vi/
(ANTONY DOMINIC)
JUDGE