Kerala High Court
The Sree Buddha College Of Engineering vs The Kerala State Electricity Board on 6 April, 2009
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 29TH DAY OF AUGUST 2016/7TH BHADRA, 1938
WA.No. 1955 of 2009
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W.P.(C).NO.10403/2008, DATED 06.04.2009
APPELLANT(S)/PETITIONER:
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THE SREE BUDDHA COLLEGE OF ENGINEERING,
PATTOOR P.O.,ALAPPUZHA DISTRICT,
REP. BY THE SECRETARY PROF.SHRI.V.PRASAD,
AGED 51 YEARS,SON OF SHRI.P.VASUKUTTY,
SREE BUDDHA EDUCATIONAL SOCIETY
(R/AT "SREE VILASAM",KANICHANELLUR, MUTTAM P.O.,
HARIPAD, ALAPPUZHA DISTRICT)
(ELECTRICITY CONSUMER CODE NO.11/4048 OF ELECTRICAL SECTION,
NOORANAD)
BY ADV. SRI.T.P.M.IBRAHIM KHAN
RESPONDENT(S):
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1. THE KERALA STATE ELECTRICITY BOARD,
REP. BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM-695 004.
2. THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,
NOORANAD, ALAPPUZHA DISTRICT.
3. THE PRINCIPAL SECRETARY TO GOVERNMENT,
POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM.
4. THE KERALA STATE ELECTRICITY REGULATORY
COMMISSION, REP. BY ITS SECRETARY,THIRUVANANTHAPURAM.
R1-2 BY ADV. SRI.P.SANTHALINGAM (SR.)
R1-2 BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B.
BY SRI.C.K.KARUNAKARAN, SC FOR K.S.E.B.
R4 BY ADV. SRI.P.NANDAKUMAR,SC,KERALA STATE ELECTRICITY
REGULATORY COMMISSION
BY SMT.SREEDEVI KYLASANATH,SC,KSER COMMN.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29-08-2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No. 1955 of 2009
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APPENDIX
APPELANT'S ANNEXURES
ANNEXURE -1 : A PHOTOSTAT COPY OF THE LETTER NO.HTB-11/4048
DATED 18.10.2011 ALONG WITH THE STATEMENT
SHOWING THE MONTH WISE ARREAR DETAILS OF SELF
FINANCING INSTITUTIONS.
ANNEXURE - 2 : A PHOTOSTAT COPY OF THE REPRESENTATION DATED
1.11.2011 SUBMITTED BEFORE THE SPECIAL OFFICER
(REVENUE), KSEB, THIRUVANANTHAPURAM.
RESPONDENTS' ANNEXURES
NIL
//True Copy//
P.A. To Judge
Bb
P.R. RAMACHANDRA MENON
&
ANIL K. NARENDRAN, JJ.
.......................................................................
W.A.No.1955 of 2009
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Dated this the 29th day of August, 2016
J U D G M E N T
P.R.Ramachandra Menon, J.
A detailed order has passed by this Court today, in R.P.No.937 of 2010 (arising from an interim order passed in this Appeal), whereby interest of both the sides has been secured in an appropriate manner, which is subject to the outcome of the issue pending consideration before the Hon'ble Supreme Court (where the verdict passed by the Division Bench of this Court in Bro.Joseph Antony Vs. K.S.E.B [2009 (3) KLT 1022] has already been subjected to challenge). We have made it clear that, the Electricity charges shall be satisfied for the time being at the enhanced rate ie., at LT VII A Tariff, at the same time, intercepting the recovery steps, if any, which is subject to the outcome of W.A.No.1955 of 2009 : 2 : the issue pending before the Hon'ble Supreme Court.
In view of the said order, we find that, nothing further requires to be adjudicated in this appeal and that the appeal could be closed accordingly. The appeal stands closed as above.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE Sd/-
ANIL K. NARENDRAN, JUDGE Bb/06/09/2016 [True copy] P.A to Judge