Vijayan Variyath vs Kerala State Electricity Board Limited

Type Court Judgment Court Kerala Decided May 23, 2023

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Citation: sooperkanoon.com/1361217
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: May 23, 2023
Case Number: WP(C)/16271/2023

Parties & Advocates

Appellant / Petitioner

Vijayan Variyath

Respondent

Kerala State Electricity Board Limited

Excerpt

.....of 2023 4 rajendran, the learned counsel appearing for therespondents 1 to 5.4. the learned standing counsel drew the attentionof this court to the kerala state electricity regulatory commission (consumer grievance redressal forum and electricity ombudsman) regulations, 2005 to drive home his contention that the forum has adequate power under regulation 9(3)to pass interim orders pending disposal of the application.5. in the light of the alternative statutory remedythat is available to the petitioner and in view of the fact that ext. p3 is already pending consideration before the 6th respondent, i deem it appropriate to permit the petitioner to move the 6th respondent under the aforesaid regulation and seek for an interim relief. resultantly, the writ petition is disposed of as follows:-(i) the petitioner would be at liberty to move the 6 th respondent under the regulation 9(3) as aforementioned wp(c) no. 16271 of 2023 5 and file an application seeking interim relief.(ii) if any such application is filed, the 6 th respondent shall consider the same, in accordance with law and dispose of the application as expeditiously as possible.sd/- c.s.dias, judge rmm23/5/2023 wp(c) no. 16271 of 2023 6 appendix of wp(c) 16271/2023 petitioner exhibits exhibit p1 true copy of the mahazar prepared by the 4th respondent dated 03.04.2023. exhibit p2 true copy of the order dated 11.04.2023 issued by the 5th respondent to the petitioner directing the petitioner to remit an amount of rs.10,36,240/- within 30 days of receipt of the order. exhibit p3 true copy of the representation dated 18.05.2023 filed by the petitioner to the 6th respondent against the exhibits p1 and p2.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 23RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 16271 OF 2023 PETITIONER: VIJAYAN VARIYATH AGED 50 YEARS, S/O. KUMARAN VARIYATH, M/S. PIXEL DIGITAL PRESS, NANDINI COMPLEX, NEAR UNITED HOSPITAL, KOTEKANI ROAD, KASARAGOD - 671 121. REPRESENTED BY THE POWER OF ATTORNEY HOLDER - HARIPRASAD.K., AGED 44 YEARS, S/O. LATE UMESH RAO, R/AT "VAGDEVI", NEAR KRISHNA TALKIES, KASARAGOD., PIN - BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR VANDANA MENON VIMAL VIJAY RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR, VAIDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. 2 ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ANTI POWER THEFT SQUAD, KASARAGOD - 671 121. 3 SUB ENGINEER ANTI POWER THEFT SQUAD, KERALA STATE ELECTRICITY BOARD, KASARAGOD - 671 121 4 SUB ENGINEER ELECTRICAL SECTION, KASARAGOD - 671 121. 5 ASSISTANT ENGINEER ELECTRICAL SECTION, KASARAGOD - 671 121. 6 CONSUMER GRIEVANCE REDRESSAL FORUM
WP(C) NO. 16271 OF 2023 2 KERALA STATE ELECTRICITY BOARD LIMITED, KOZHIKODE - 673 011. BY ADV B.PREMOD (SC) SRI. RIJI RAJENDRAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16271 OF 2023 3 Dated this the 23rd day of May, 2023

JUDGMENT

The writ petition is filed, inter alia, to quash Ext.P2

order passed by the 5th respondent directing the

petitioner to remit an amount of Rs.10,36,240/-.

2. The petitioner’s case is that, on 3.4.2023 a surprise inspection was conducted by the Anti Power Theft Squad of the first respondent Board and consequently, they have issued Ext.P2 order. The petitioner has now approached the 6th respondent and filed a representation against Ext.P2 order. However, since the 5th respondent has already disconnected the electricity connection, the petitioner’s immediate grievance for re-connection may not be considered. Hence, the writ petition.

3. Heard: Sri.Pushparajan Kodoth, the learned

counsel     appearing      for    the        petitioner    and    Sri.Riji
WP(C) NO. 16271 OF 2023         4
Rajendran,   the   learned   counsel   appearing   for   the

respondents 1 to 5.

4. The learned Standing Counsel drew the attention

of this Court to the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2005 to drive home his contention that the Forum has adequate power under Regulation 9(3)to pass interim orders pending disposal of the application.

5. In the light of the alternative statutory remedy

that is available to the petitioner and in view of the fact that Ext. P3 is already pending consideration before the 6th respondent, I deem it appropriate to permit the petitioner to move the 6th respondent under the aforesaid Regulation and seek for an interim relief. Resultantly, the writ petition is disposed of as follows:-

(i) The petitioner would be at liberty to move the 6 th respondent under the Regulation 9(3) as aforementioned WP(C) NO. 16271 OF 2023 5 and file an application seeking interim relief.

(ii) If any such application is filed, the 6 th respondent shall consider the same, in accordance with law and dispose of the application as expeditiously as possible.

Sd/- C.S.DIAS, JUDGE rmm23/5/2023 WP(C) NO. 16271 OF 2023 6 APPENDIX OF WP(C) 16271/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MAHAZAR PREPARED BY THE 4TH RESPONDENT DATED 03.04.2023. Exhibit P2 TRUE COPY OF THE ORDER DATED 11.04.2023 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DIRECTING THE PETITIONER TO REMIT AN AMOUNT OF RS.10,36,240/- WITHIN 30 DAYS OF RECEIPT OF THE ORDER. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 18.05.2023 FILED BY THE PETITIONER TO THE 6TH RESPONDENT AGAINST THE EXHIBITS P1 AND P2.

Same Court & Year Kerala · 2023 Same Parties Vijayan Variyath vs Kerala State Electricity Board Limited Same Judge Honourable Mr.Justice C.S.Dias