Kerala High Court
WP(C)/38294/2007 of M/S.NAS FISHERIES PVT. LTD. Vs K.S.E.B. on 28 December 2007
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929 WP(C).No. 38294 of 2007(H) -------------------------- PETITIONER: ------------ M/S.NAS FISHERIES PVT.LTD,KARTHIKA BUILDINGS,EDAKOCHI,REPRESENTED BY ITS DIRECTOR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929
WP(C).No. 38294 of 2007(H)
--------------------------
PETITIONER:
------------
M/S.NAS FISHERIES PVT.LTD,KARTHIKA
BUILDINGS,EDAKOCHI,REPRESENTED BY ITS
DIRECTOR ANWAR SAIT.
BY ADV. SRI.KKM.SHERIF
SRI.P.M.HARIS
SRI.LAL K.JOSEPH
SRI.A.A.ZIYAD RAHMAN
SMT.SHEENA SAMUEL
RESPONDENTS:
------------------
1. KERALA STATE ELECTRICITY BOARD,
VYDHUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.
2. THE CONSUMER GRIEVANCE REDRESSAL
FORUM,CENTRAL REGION,POWER HOUSE ROAD,
ERNAKULAM,REPRESENTED BY ITS CHAIRMAN.
3. THE SPECIAL OFFICER (REVENUE)
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VYDHYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM.
4. THE ASSISTANT ENGINEER (APTS),
KERALA STATE ELECTRICITY BOARD,
POOVENTHURUTHU,KOTTAYAM.
5. THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL SECTION,PALLURUTHY,
ERNAKULAM.
BY GOVERNMENT PLEADER SMT. RAMANI T.B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28/12/2007, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
S.SIRI JAGAN,J
================W.P.(C).No.38294 of 2007
======================
Dated this the 28[th] day of December, 2007
JUDGMENT
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The petitioner has been proceed against under theElectricity Act, 2003 for alleged short assessment for electricitycharges. Originally the petitioner approached this Court byfiling W.P.(C).No.3912 of 2006 which was disposed of directingthe Officer competent among the respondents to consider theobjections of the petitioner and pass orders thereon. In that writpetition the disconnection of power supply was stayed oncondition that the petitioner remits an amount of Rs.5,00,000/-.The petitioner submits that the said amount of Rs.5,00,000/- hasbeen remitted. However by Exts.P3 final order has been passedand Ext.P4 demand notice has been issued whereby thepetitioner has been directed to pay additional electricity chargesof Rs.29,61,636/-. The petitioner challenges Exts.P3 and P4orders in this writ petition. However, the petitioner himselfsubmits that the petitioner has filed Ext.P4 petition before theConsumer Grievances Redressal Forum, Central Region,Ernakulam as provided under the regulations applicable.
W.P.(C).No.38294/2007
Petitioner now seeks expeditious disposal of Ext.P6 as also a stayof recovery of the amounts now demanded as per Ext.P5. Thepetitioner further submits that the amount of Rs.29,61,636/- iswithout taking into account the Rs.5,00,000/- which thepetitioner has already paid.
2. I have heard the learned standing counsel appearingfor the Kerala State Electricity Board also who opposes theprayer of the petitioner. He supports Exts.P3 and P4 andsubmits that petitioner may be directed to pay the amounts nowassessed.
3. After considering the contentions of both sides, Idispose of this writ petition with the following directions:
The second respondent shall consider and pass appropriateorders on Ext.P6 petition filed by the petitioner as expeditiouslyas possible. Pending disposal of Ext.P6, there would be a stay offurther proceedings pursuant to Exts.P3 and P4, on conditionthat the petitioner pays a further amount of Rs.10,00,000/-(Rupees ten lakhs) in addition to the Rs.5,00,000/- (Rupees fivelakhs) directed to be paid as per W.P.(C).No.3912/2006, within aperiod of one month.
S.SIRI JAGAN, JUDGE
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