Kerala High Court
WP(C)/42951/2022 of J & P SAND AND AGGREGATES INTERNATIIONAL PVT. LTD. Vs KERALA STATE ELECTRICITY BOARD on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42951 OF 2022 PETITIONER: J & P SAND AND AGGREGATES INTERNATIIONAL PVT. LTD. ERAMANGALAM, BALUSSERY P.O, KOZHIKODE DISTRICT-673612, REPRESENTED BY ITS
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42951 OF 2022
PETITIONER:
J & P SAND AND AGGREGATES INTERNATIIONAL PVT. LTD.ERAMANGALAM, BALUSSERY P.O, KOZHIKODE DISTRICT-673612, REPRESENTED BY ITS MANAGING DIRECTOR, PETER JOSEPH.
BY ADVS.SANTHOSH MATHEWARUN THOMASANIL SEBASTIAN PULICKELKURIAN ANTONY MATHEW
RESPONDENTS:
1KERALA STATE ELECTRICITY BOARDVYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695004, REPRESENTED BY ITS MANAGING DIRECTOR.VYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695004, REPRESENTED BY ITS MANAGING DIRECTOR.
2THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE, KOZHIKODE, PIN-673104.KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE, KOZHIKODE, PIN-673104.
3THE ASSISTANT EXECUTIVE ENGINEER,KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, BALUSSERY, KOZHIKODE DISTRICT-673612.KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SUB DIVISION, BALUSSERY, KOZHIKODE DISTRICT-673612.
4THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION, BALUSSERY, KOZHIKODE DISTRICT-673612.KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL SECTION, BALUSSERY, KOZHIKODE DISTRICT-673612.
5THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD LTD, VYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.KERALA STATE ELECTRICITY BOARD LTD, VYDHYUDHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.
SMT.ANIMA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42951 of 2022
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JUDGMENT
Dated this the 30[th] day of December, 2022
The writ petition has been filed with the following prayers:-
(i) Call for the records leading to Ext.P5 and issue awrit of certiorari or any other appropriate writ or orderquashing the same.
(ii) Call for the records leading to Exts.P1 and P2 andissue a writ of certiorari or any other appropriate writ ororder quashing the same.
(iii) Issue a writ of mandamus or any other writ ororder, permitting the petitioner to prefer the statutoryappeal before the Kerala State Electricity AppellateAuthority after paying 50% of the fixed charges imposedby the 3[rd] respondent in Ext.P5.
(iv) To dispense with translation of vernaculardocuments.
2. When the writ petition came up for consideration, the Standing Counsel appearing for the respondentssubmitted that the petitioner has got an alternative remedyagainst Ext.P5 final assessment order by filing an appealbefore the Kerala State Electricity Appellate Authority. In thelight of the same, this writ petition need not be entertained.
WP(C) No.42951 of 2022
3. Counsel for the petitioner submitted that, in the meanwhile, coercive steps will be taken against the petitioner.To facilitate the petitioner to file an appeal, the coercive steps can be deferred for a period of four weeks. Therefore, the writpetition is disposed of with the following directions.
(i) The coercive steps based on Ext.P5 willbe deferred for a period of four weeks.
(ii) In the meanwhile, the petitioner is free tochallenge Ext.P5 before the Kerala State ElectricityAppellate Authority in accordance with law.
In the meanwhile, the petitioner is free to
(iii) The petitioner shall deposit 50% of the fixed charges and if that amount is paid, therespondents shall accept the appeal and passappropriate orders.
Sd/-
N.NAGARESH
JUDGE
APPENDIX OF WP(C) 42951/2022
PETITIONER EXHIBITSExhibit P1Exhibit P1
TRUE COPY OF THE MAHASAR DATED
28/09/2022 PREPARED BY ANTI POWERTHEFT SQUAD RELATING TO THE PREMISESOF THE PETITIONER WITH ENGLISHTRANSLATION OF IT.THEFT SQUAD RELATING TO THE PREMISESOF THE PETITIONER WITH ENGLISHTRANSLATION OF IT.
Exhibit P2TRUECOPYOFTHEPROVISIONALASSESSMENT DATED 14/10/2022 ALONG WITHTHE CALCULATION STATEMENT.ASSESSMENT DATED 14/10/2022 ALONG WITHTHE CALCULATION STATEMENT.
Exhibit P3TRUE COPY OF THE COMMUNICATION ISSUEDBY THE 3RD RESPONDENT TO THEPETITIONER EXTENDING THE TIME TILL30TH OCTOBER, 2022 WITH ENGLISHTRANSLATION OF IT.BY THE 3RD RESPONDENT TO THEPETITIONER EXTENDING THE TIME TILL30TH OCTOBER, 2022 WITH ENGLISHTRANSLATION OF IT.
Exhibit P4
TRUE COPY OF THE OBJECTION DATED28/10/2022 SUBMITTED BY THE PETITIONERIN RESPONSE TO THE PROVISIONALASSESSMENT.28/10/2022 SUBMITTED BY THE PETITIONERIN RESPONSE TO THE PROVISIONALASSESSMENT.
Exhibit P5TRUE COPY OF THE PROCEEDINGS BEARINGNO-ESD-BLSY/202223/ASSESSMENT/493DATED 06/12/2022 ALONG WITH THECALCULATION STATEMENT.NO-ESD-BLSY/202223/ASSESSMENT/493DATED 06/12/2022 ALONG WITH THECALCULATION STATEMENT.
Exhibit P6TRUE COPY OF THE BOARD ORDER NO.BO(FB)NO.2518/2013(KSEB/TRAC/SCODE/R2/2009) DATED 28.11.2013 ANDRELEVANT PAGES OF THE ANNEXURE.(FB)NO.2518/2013(KSEB/TRAC/SCODE/R2/2009) DATED 28.11.2013 ANDRELEVANT PAGES OF THE ANNEXURE.
Exhibit P7TRUE COPY OF THE BOARD ORDER DATED5/05/2016.5/05/2016.
Exhibit P8TRUE COPY OF THE JUDGMENT IN WPC-33789OF 2022.OF 2022.
Exhibit P8 ATRUE COPY OF THE ORDER IN RP-1148 OF2022 FILED IN WPC-33789 OF 2022.2022 FILED IN WPC-33789 OF 2022.