Kerala High Court
Rafeeque Parakandy vs The State Electricity Ombudsman on 19 November, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY,THE 25TH DAY OF SEPTEMBER 2017/3RD ASWINA, 1939
WP(C).No. 30587 of 2017 (W)
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PETITIONER :
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RAFEEQUE PARAKANDY,
REDAK COLD STORAGE, MERCANTILE ROAD,
THALASSERY, KANNUR DISTRICT. PIN-670 101.
BY ADV. SRI.JOSE J.MATHAIKAL
RESPONDENT(S):
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1. THE STATE ELECTRICITY OMBUDSMAN,
CHARANGATTU BHAVAN, BUILDING NO. 34/895,
MAMANGALAM-ANCHUMANA ROAD, EDAPPILLY,
KOCHI-682 024.
2. THE CONSUMER GRIEVANCE REDRESSAL FORUM (NORTHERN REGION),
VYDYUTHI BHAVAN, GANDHI ROAD, KOZHIKODE-673 011,
REPRESENTED BY ITS CHAIRMAN.
3. THE ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SUB DIVISION, THALASSERY,
KANNUR DISTRICT-670 641.
4. THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION OFFICE, THALASSERY NORTH,
KANNUR DISTRICT. PIN-670 641.
BY SRI.SUDHEER GANESH KUMAR R., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 30587 of 2017 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF MAHAZER DATED 19.11.2016.
EXHIBIT P2 TRUE COPY OF APPLICATION DATED 12.2.2015.
EXHIBIT P3 TRUE COPY OF THE FINAL ORDER AND DEMAND DATED 24.12.2016.
EXHIBIT P4 TRUE COPY OF ORDER OF CGRF DATED 10.4.2017.
EXHIBIT P5 TRUE COPY OF ORDER OF STATE ELECTRICITY OMBUDSMAN
DATED 14/8/2017
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.30587 of 2017
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Dated this the 25th day of September, 2017
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P3 order of the respondent Board, confirming a demand of electricity charges, on the contention that the petitioner had unauthorisedly used electricity in his premises. Although various contentions are raised in the writ petition, in its challenge against Ext.P3 order, I find that, against Ext.P3 order, the petitioner has an effective alternate remedy by way of an appeal under Section 127 of the Electricity Act. I also find that the petitioner would get the benefit of the judgment of a Division Bench of this Court in Sulabha Marketing (P) Ltd v. Kerala State Electricity Board and Others [I.L.R. 2017(2) Kerala 609].
I therefore dispose the writ petition with the following directions :-
i) If the petitioner prefers an appeal before the Appellate authority under Section 127 of the Electricity Act within a period of two weeks, by remitting the fixed charge of Rs.8,280/-, then the said appeal shall be treated as one validly filed in terms of Section 127 of the Electricity Act, W.P.(C) No.30587 of 2017 -2- and the Appellate authority shall proceed to consider and pass orders in the appeal within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with the copy of the judgment before the Appellate authority while preferring the appeal within the time granted in this judgment.
ii) I also make it clear that, on the petitioner filing the appeal as directed above, recovery of the amounts confirmed against the petitioner by Ext.P3 order shall be kept in abeyance till such time as orders are passed by the Appellate authority, as directed, and communicated to the petitioner.
Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE VS