Kerala High Court
The Thrissur District Sports Council vs The State Of Kerala And Anr on 28 September, 2018
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY ,THE 28TH DAY OF SEPTEMBER 2018 / 6TH ASWINA, 1940
WP(C).No. 26009 of 2011
PETITIONER/S:
THE THRISSUR DISTRICT SPORTS COUNCIL
HAVING OFFICE AT V K N MENON INDOOR STADIUM,,
REPRESENTED BY ITS EXECUTIVE COMMITTEE MEMEBER, DAVIS
SEBASTIAN, AGED 47, S/O.SEBASTIAN,, KOLLANNUR HOUSE,
PANAMKUTTICHIRA,OLLUR.
BY ADVS.
SRI.G.SREEKUMAR (CHELUR)
SRI.K.RAVI (PARIYARATH)
RESPONDENT/S:
1 THE STATE OF KERALA AND ANR
SECRETARY TO GOVERNMENT, LOCAL SELF GOVERMENT,
DEPARTMENT, GOVERNMENT SECRETRIAT,,
THIRUVANANTHPAURAM-695 001.
2 THE THRISSUR MUNCIPAL CORPORATION
REPRESENTED BY THE SECRETARY, MUNCIPAL OFFICE,, ROAD,
THRISSUR-680 001.
3 THE ASSITANT SECRETARY ELECTRICITY
DEPARTMENT, THRISSUR CORPORATION.
4 THE CONSUMER GRIEVANCES REDRESSAL FORUM
ELECTRICITY DEPARTMENT, THRISSUR CORPORATION,,
REPRESENTED BY ITS CHAIRPERSON-680 001.
BY ADVS.
SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
SRI.K.DILIP,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.09.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 26009 of 2011 2
JUDGMENT
This writ petition is filed by the petitioner, ie, Thrissur District Sports Council. Petitioner is served with Ext.P6 notice by the Municipality demanding the amounts due to the Municipality towards electricity charges. The relief sought for by the petitioner makes it clear that petitioner is aggrieved by the demand put up by the Municipality without providing an opportunity of hearing to the petitioner and the 2nd relief makes it more clearer that petitioner would be satisfied if a direction is issued to adjudicate the issue after receiving a representation or objection from the petitioner. It is also clear from Ext.P1 that petitioner has approached the Consumer Dispute Grievance Cell of the Kerala State Electricity Board in accordance with the provisions of the Kerala Electricity Act, 2003, and has secured Ext.P1 order, in which certain reliefs were also granted to the petitioner.
2. A detailed counter affidavit is filed by the respondent Municipality and in view of the limited nature of order I propose to pass, I am not traversing through the entirety of the counter. WP(C).No. 26009 of 2011 3
3. Having perused the pleadings and the documents on record and hearing the respective counsel across the bar, there will be a direction to the Municipality to consider Ext.P6 notice as a preliminary one, to which petitioner is entitled to file an objection/representation within three weeks from the date of receipt of a copy of this judgment, if received, will be considered by the secretary of the Municipality in accordance with law and attain finality within a month thereafter, after providing an opportunity of hearing and participation to the petitioner. The questions of law and facts raised in this writ petition regarding the demands raised by the Municipality is all left open.
The writ petition is disposed of, accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 01.10.2018 WP(C).No. 26009 of 2011 4 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE ORDER PASSED BY TEH CGRF DATED 4/12/2010 OF THE THRISSUR CORPORATION EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 10/12/2010 OF THE CGRF EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 3/5/2011 EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION OF THE CGRF DATED 16/5/2011 EXHIBIT P5 A TRUE COPY OF THE REPLY OF THE PETITIONER DATED 10/5/2011 EXHIBIT P6 A TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER DATED 17/5/2011 EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE DISTRICT COLLECTOR DATED NIL RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE