K.Vasanthi Vs. the Kerala State Electricity Board - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096183
CourtKerala High Court
Decided OnOct-29-2013
JudgeHONOURABLE MR.JUSTICE C.K.ABDUL REHIM
AppellantK.Vasanthi
RespondentThe Kerala State Electricity Board
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.k.abdul rehim tuesday, the29h day of october20137th karthika, 1935 wp(c).no. 26416 of 2013 (b) ---------------------------- petitioner : -------------------------- k.vasanthi, residing at poolathil ''lakshminarayana'', p.o.kuttoth, (via) vadakara, kozhikode district. by advs.sri.c.vathsalan sri.k.rakesh roshan smt.thushara.v respondent(s): ---------------------------- 1. the kerala state electricity board, vaidyuthi bhavan, thiruvananthapuram, represented by is secretary,pin-695 004 2. the deputy chief engineer, chairperson, consumer grievance redressal, forum k s e board, gandhi road, kozhikode,pin-673 001 3. the assistant executive, engineer, electrical sub division, kseb, vadakara north, kozhikode district,pin-673 101 4. the assistant engineer, electrical section, k s e b, vadakara south, kozhikode district,pin-673 101. r1 to r4 by adv. sri.jaice jacob,sc,kerala state electricity board this writ petition (civil) having come up for admission on2910-2013, the court on the same day delivered the following: sts wp(c)no.26416/2013 appendix petitioner's exhibits: p1 copy of the bill dated276/2013 p2 copy of the letter dated268/2013 from4h respondent. p3 copy of the bill dated298/2013 p4 copy of the complaint by petitioner dated89/2013 p5 copy of the reply by4h respondent dated249/2013 p6 copy of the petition under right to information act dated17/2013 p7 copy of the reply under right to information act dated28/2013 p8 copy of the complaint dated269/2013 submitted by the petitioner's husband p8(a) copy of the notice dated309/2013 by2d respondent. p9 copy of the petition dated289/2013 now pending before1t respondent. p9(a) copy of the letter from office of hon'ble chief minister dated1010/2013 respondent's exhibits: nil /true copy/ p.a.to.judge sts c.k. abdul rehim, j.------------------------------------------------- w.p.(c) no. 26416 of2013b ------------------------------------------------- dated this the29h day of october, 2013. judgment aggrieved by ext.p3 bill the petitioner's husband had approached the consumer grievance redressal forum (cgrf), kozhikode in ext.p8 complaint. from ext.p8 (a) notice issued by the forum it is evident that the complaint was registered as op no.60/2013-14 and notice was issued to respondents 3 and 4 herein. meanwhile electric supply to the petitioner's residence was disconnected alleging non- payment of the amounts demanded under ext.p3. according to the petitioner, despite the offer made to make payment of amounts computed on the basis of average bills for the previous months, as contemplated under section 56 (1) of the electricity act, 2003, the respondents 3 and 4 are not prepared to re-connect the supply. hence this writ petition is filed. w.p.(c) no.26416/2013 -2- 2. heard; counsel for the petitioner and standing counsel appearing for respondents. it is evident that a dispute with respect to sustainability of ext.p3 bill is now pending adjudication before the cgrf (2nd respondent). therefore the petitioner ought to have approached the said forum seeking appropriate interim relief. however, since supply has already been disconnected and the petitioner is put to prejudice, i am of the considered opinion that an equitable relief can be granted from this court.3. under the above mentioned circumstances the writ petition is disposed of directing the 2nd respondent to consider ext.p8 and to dispose of the same at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.4. pending disposal of ext.p8, electric supply to the petitioner's residence shall be re-connected subject to condition of the petitioner remitting /3 of the amount 1 rd covered under ext.p3. the petitioner should also pay re-connection charges if any due and arrears if any with w.p.(c) no.26416/2013 -3- respect to any other bills issued. she should also continue payment of the regular monthly bills for the future periods. sd/- c.k. abdul rehim, judge. amg true copy p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY, THE29H DAY OF OCTOBER20137TH KARTHIKA, 1935 WP(C).No. 26416 of 2013 (B) ---------------------------- PETITIONER : -------------------------- K.VASANTHI, RESIDING AT POOLATHIL ''LAKSHMINARAYANA'', P.O.KUTTOTH, (VIA) VADAKARA, KOZHIKODE DISTRICT. BY ADVS.SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ---------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY IS SECRETARY,PIN-695 004 2. THE DEPUTY CHIEF ENGINEER, CHAIRPERSON, CONSUMER GRIEVANCE REDRESSAL, FORUM K S E BOARD, GANDHI ROAD, KOZHIKODE,PIN-673 001 3. THE ASSISTANT EXECUTIVE, ENGINEER, ELECTRICAL SUB DIVISION, KSEB, VADAKARA NORTH, KOZHIKODE DISTRICT,PIN-673 101 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K S E B, VADAKARA SOUTH, KOZHIKODE DISTRICT,PIN-673 101. R1 TO R4 BY ADV. SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2910-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26416/2013 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BILL DATED276/2013 P2 COPY OF THE LETTER DATED268/2013 FROM4H RESPONDENT. P3 COPY OF THE BILL DATED298/2013 P4 COPY OF THE COMPLAINT BY PETITIONER DATED89/2013 P5 COPY OF THE REPLY BY4H RESPONDENT DATED249/2013 P6 COPY OF THE PETITION UNDER RIGHT TO INFORMATION ACT DATED17/2013 P7 COPY OF THE REPLY UNDER RIGHT TO INFORMATION ACT DATED28/2013 P8 COPY OF THE COMPLAINT DATED269/2013 SUBMITTED BY THE PETITIONER'S HUSBAND P8(A) COPY OF THE NOTICE DATED309/2013 BY2D RESPONDENT. P9 COPY OF THE PETITION DATED289/2013 NOW PENDING BEFORE1T RESPONDENT. P9(A) COPY OF THE LETTER FROM OFFICE OF HON'BLE CHIEF MINISTER DATED1010/2013 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 26416 OF2013B ------------------------------------------------- DATED THIS THE29h DAY OF OCTOBER, 2013.

JUDGMENT

Aggrieved by Ext.P3 bill the petitioner's husband had approached the Consumer Grievance Redressal Forum (CGRF), Kozhikode in Ext.P8 complaint. From Ext.P8 (a) notice issued by the Forum it is evident that the complaint was registered as OP No.60/2013-14 and notice was issued to respondents 3 and 4 herein. Meanwhile electric supply to the petitioner's residence was disconnected alleging non- payment of the amounts demanded under Ext.P3. According to the petitioner, despite the offer made to make payment of amounts computed on the basis of average bills for the previous months, as contemplated under Section 56 (1) of the Electricity Act, 2003, the respondents 3 and 4 are not prepared to re-connect the supply. Hence this writ petition is filed. W.P.(c) No.26416/2013 -2- 2. Heard; counsel for the petitioner and Standing counsel appearing for respondents. It is evident that a dispute with respect to sustainability of Ext.P3 bill is now pending adjudication before the CGRF (2nd respondent). Therefore the petitioner ought to have approached the said Forum seeking appropriate interim relief. However, since supply has already been disconnected and the petitioner is put to prejudice, I am of the considered opinion that an equitable relief can be granted from this court.

3. Under the above mentioned circumstances the writ petition is disposed of directing the 2nd respondent to consider Ext.P8 and to dispose of the same at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.

4. Pending disposal of Ext.P8, electric supply to the petitioner's residence shall be re-connected subject to condition of the petitioner remitting /3 of the amount 1 rd covered under Ext.P3. The petitioner should also pay re-connection charges if any due and arrears if any with W.P.(c) No.26416/2013 -3- respect to any other bills issued. She should also continue payment of the regular monthly bills for the future periods. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge