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The Assistant Engineer, Electrical Section, K.S.E.B. vs M/S.Pooja Milk Food Private Ltd.

The Assistant Engineer, Electrical Section, K.S.E.B. vs M/S.Pooja Milk Food Private Ltd.

Type Court Judgment Court Kerala Decided Jul 31, 2025
~2 min read
https://sooperkanoon.com/case/1282511

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/25898/2015
Subject
Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue
Service Tax

Parties & Advocates

Appellant / Petitioner

The Assistant Engineer, Electrical Section, K.S.E.B.

Respondent

M/S.Pooja Milk Food Private Ltd.

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice amit rawal wednesday, the 16th day of november 2022 / 25th karthika, 1944 petitioner/s: the assistant engineer, o/o the assistant engineer, electrical section, k.s.e.b. p.santhalingam (sr.) sri.s.sharansck.s.e.board shri.p.a.ahamed, sc, kerala state electricity board limited g.keerthivas respondent/s: m/s.pooja milk food private ltd. ponoth temple road, kadavanthara, kochi-20, having its registered office at 33/283 d1, ambedkar road, vennala p.o., kochi-28, represented by its managing director, mohan joseph varghese, s/o. late t.o.varghese, prasanthi nagar, edappally, kochi-24. sri.a.balagopalan sri.a.rajagopalan smt.p.seena this writ petition (civil) having come up for admission on 16.11.2022, the court on the same day delivered the following:judgmentconcededly, the order of the cgrf is appealable before the appellate authority. the writ petition is disposed of with a liberty to avail the remedy of appeal by seeking condonation of delay in respect of the period spend in this writ petition pursuing the wrong remedy. sd/- sab amit rawal judge appendix of wp(c) 25898/2015 petitioner exhibitsp1 : a copy of the site mahazar dtd.25.9.2008 prepared by the sub engineer, kseb, electrical section, p2(a): a copy of the notice dtd.27.9.2008 issued by the petitioner to the respondent. p2(b): a copy of the short assessment bill dtd.27.9.2008 issued by the petitioner to the respondent. p3 : a copy of the circular no.kseb/trac/comp(r)/23/05 dtd.26.7.2010 of the kse board. p4 : a copy of the judgment dtd.2.2.2015 in wpc no.27130/2009 of the hon'ble high court of kerala. p5 : a copy of the order dtd.12.5.2015 of the consumer grievance redressal forum (cgrf), ernakulam.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA, 1944 PETITIONER/S: THE ASSISTANT ENGINEER, O/O the ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B. P.SANTHALINGAM (SR.) SRI.S.SHARANSCK.S.E.BOARD SHRI.P.A.AHAMED, SC, KERALA STATE ELECTRICITY BOARD LIMITED G.KEERTHIVAS RESPONDENT/S: M/S.POOJA MILK FOOD PRIVATE LTD. PONOTH TEMPLE ROAD, KADAVANTHARA, KOCHI-20, HAVING ITS REGISTERED OFFICE AT 33/283 D1, AMBEDKAR ROAD, VENNALA P.O., KOCHI-28, REPRESENTED BY ITS MANAGING DIRECTOR, MOHAN JOSEPH VARGHESE, S/O. LATE T.O.VARGHESE, PRASANTHI NAGAR, EDAPPALLY, KOCHI-24. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SMT.P.SEENA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Concededly, the order of the CGRF is appealable before the Appellate Authority. The writ petition is disposed of with a liberty to avail the remedy of appeal by seeking condonation of delay in respect of the period spend in this writ petition pursuing the wrong remedy. Sd/- sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 25898/2015 PETITIONER EXHIBITS

P1 : A COPY OF THE SITE MAHAZAR DTD.25.9.2008 PREPARED BY THE SUB ENGINEER, KSEB, ELECTRICAL SECTION, P2(A): A COPY OF THE NOTICE DTD.27.9.2008 ISSUED BY THE PETITIONER TO THE RESPONDENT. P2(B): A COPY OF THE SHORT ASSESSMENT BILL DTD.27.9.2008 ISSUED BY THE PETITIONER TO THE RESPONDENT. P3 : A COPY OF THE CIRCULAR NO.KSEB/TRAC/COMP(R)/23/05 DTD.26.7.2010 OF THE KSE BOARD. P4 : A COPY OF THE JUDGMENT DTD.2.2.2015 IN WPC NO.27130/2009 OF THE HON'BLE HIGH COURT OF KERALA. P5 : A COPY OF THE ORDER DTD.12.5.2015 OF THE CONSUMER GRIEVANCE REDRESSAL FORUM (CGRF), ERNAKULAM.

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