Kerala High Court
Tissan J. Thachankary vs Kerala State Electricity Board on 26 July, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
TUESDAY, THE 5TH DAY OF JUNE 2012/15TH JYAISHTA 1934
WP(C).No. 9010 of 2012 (A)
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PETITIONER(S):
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TISSAN J. THACHANKARY, AGED 49 YEARS
DIRECTOR, ROYAL VILLAGE RESORT
(A CONCERN OF THACHANKARY PLANTATIONS PVT. LTD)
UDYOGAMANDAL P.O.
ELOOR, ERNAKULAM DISTRICT.
BY ADVS.SRI.A.A.ZIYAD RAHMAN
SRI.LAL K.JOSEPH
SRI.SHIRAZ BAVA V.S.
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD
VYDHYUTHI BHAVANM, PATTOM, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY-695001.
2. THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE
POWER HOUSE ROAD, ERNAKULAM-682031.
3. THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION
ELOOR, ERNAKULAM-682211.
4. KERALA STATE ELECLTRICITY REGULATORY COMMISSION
VELLAYAMBALAM
THIRUVANANTHPURAM ,REPRESENTED BY ITS CHAIRMAN
PIN- 695001
BY ADV. SRI.JAICE JACOB,SC,KSEB
BY SRI.K.M.SATHYANATHA MENON,SC,KSEB
BY SRI.ANEESH JAMES,SC,KSEB REGULATORY COM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 05-06-2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
SU/-
WP(C).No. 9010 of 2012 (A)
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APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1. TRUE COPY OF THE SITE MAHAZAR dated
26/7/2008.
EXHIBIT P1a. TRUE COPY OF THE ENGLISH TRANSLATION OF
EXT.P1.
EXHIBIT P2. TRUE COPY OF THE NOTICE BEARING
NO.17/BB/ELOOR/INSPECTION/08-09/120 DATED
31/7/2008.
EXHIBIT P2a. TRUE COPY OF THE INVOICE DATED 31/7/2008
DEMANDING AN AMOUNT OF RS.2,56,510/-.
EXHIBIT P3. TRUE COPY OF THE JUDGMENT DATED 25/1/2012 IN
WPC NO.24610/2008.
EXHIBIT P4. TRUE COPY OF THE ARGUMENT NOTE DATED
15/3/2012.
EXHIBIT P5. TRUE COPY OF THE NOTICE BEARING NO.
INSPECTION/ELOOR/2011-2012..251 DATED
21/3/2012 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6. TRUE COPY OF THE B.O.(FB) NO.1291/2002.
(PLG .COM 4206/01) DATED 18/09/2002.
EXHIBIT P7. TRUE COPY OF THE BO (FM) NO.368/2008 (DPC1/C-
G1/182/2007 DATED 17/02/2008.
EXHIBIT P8. TRUE COPY OF THE INVOICE DATED 1 / 4/ 2012.
RESPONDENTS' EXHIBITS NIL.
/TRUE COPY/
P.A. TO JUDGE
SU/-
B.P.RAY, J.
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W.P.(C).No.9010 of 2012
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Dated this the 5th day of June, 2012.
JUDGMENT
Heard the learned counsel for the petitioner. Petitioner has filed this writ petition with the following prayers:
"i) Issue a writ of certiorari or any other appropriate writ or order quashing exhibit P1 and P5, and all further proceedings pursuant to including the imposition of penalty during the subsequent months after the inspcection as evidenced by exhibit P1.
ii) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 3 to refund the amount remitted by the petitioner in pursuance to the directions of this Honourable Court,
iii) Issue a writ of certiorari or any other appropriate writ or order quashing Ext.P7 Board order."
2. By judgment dated 25-01-2012 in W.P.C.No.24610 of 2008 this Court directed the assessing officer to pass a reasoned order after giving an opportunity of being heard to the petitioner. On perusal of Ext.P5 order dated 21-03- 2012, it appears that the assessing officer has not applied his mind and considered the electrical session alone and has not passed a reasoned order and mechanically rejected the application and demanded the rest of the amount. The W.P.(C).No.9010 of 2012 2 learned standing counsel for KSEB fairly submits that a reasoned order will be passed after giving an opportunity of being heard to the petitioner.
This writ petition is disposed of by remitting the matter back to the assessing authority for disposal in accordance with law. Till the disposal of the proceedings before the assessing authority, the 3rd respondent, there shall be no disconnection of the electricity provided to the petitioner's premises.
B.P.RAY, JUDGE su/-