Kerala High Court
Jomy Thomas Manjooran vs Kerala State Electricity Board on 8 May, 2012
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934
WP(C).No. 23738 of 2012 (N)
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PETITIONER(S):
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JOMY THOMAS MANJOORAN, AGED 46 YEARS
MANJOORAN HOUSING DEVELOPMENT CO.(P) LTD.
J & R COMPLEX, NH ROAD, MAMANGALAM
PALARIVATTOM, COCHIN - 682 025.
BY ADVS.SRI.C.K.KARUNAKARAN
SMT.T.P.LEKSHMI VARMA
SRI.ANOOP JOSE (PALAMATTAM)
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD,
VYDHUTHI BHAVAN, PATTOM
THIRUVANANTHAPURAM - 695 004.
2. ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION
THRIKKAKARA, ERNAKULAM - 682 028.
3. THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE
ERNAKULAM - 682 031.
4. STATE OF KERALA,
REP BY THE SECRETARY TO GOVERNMENT
POWER DEPARTMENT
GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM - 695 004.
R4 BY SR. GOVERNMENT PLEADER SRI.V.VIJULAL
R1 TO R3 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18-10-2012 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23738 of 2012 (N)
APPENDIX
PETITIONER'S EXHIBITS
EXT. P1 COPY OF THE INTERIM ORDER DATED 8.5.2012 IN WRIT PETITION
NO. 10841 OF 2012 I
EXT. P2 COPY OF THE APPLICATION FOR ELECTRICITY FOR COMMON AREAS AND
FACILITIES FOR TOWER A
EXT. P3 COPY OF THE APPLICATION FOR ELECTRICITY FOR COMMON AREAS AND
FACILITIES FOR TOWER B
EXT.P4 COPY OF 3RD RESPONDENT'S LETTER NO.AE3/MENJOORAN/2012-
13/2691 DATED 22.8.2012.
EXT. P5 COPY OF 2ND RESPONDENT'S LETTER NO.B1/MANJOORAN
24310/29.9.12 DATED 29.9.2012
EXT. P6 COPY OF THE PETITIONER'S REPLY DATED 29.9.2012
RESPONDENT'S EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
PN
C.K. ABDUL REHIM, J.
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W.P.(C). No. 23738 of 2012
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Dated this the 18th day of October, 2012
JUDGMENT
Grievance of the petitioner is that his application for allotment of two electric connections at an apartment complex named 'Orchid Meadows Tower' situated at Kakkanad is not considered alleging that the petitioner had defaulted payment of an amount of Rs.12,30,030/-. In Exhibit P5 letter of the 2nd respondent the petitioner was informed that unless the amount is remitted the connections will not be provided.
2. Contention of the petitioner is that the demand for payment of the amount mentioned above is pending in challenge before this court in WP(C) No. 10841/2012, and this court had stayed recovery of the said amount, by virtue of an interim order issued on 08.05.2012. Under such circumstances, the refusal to provide new connections on the ground that the petitioner is in default in of payment of the above said amount, is not legal and justified. W.P.(C). No. 23738 of 2012 -2-
3. Heard; standing counsel appearing for the respondents. Perused records pertaining to WP(C) No. 10841/2012. It is evident that an assessment made against the petitioner under Section 126 of the Electricity Act, 2003 was paid in full by the petitioner. Subsequently another demand on the same set of allegations was raised, on the basis of some audit objections pointed out with respect to the method of calculation adopted. The subsequent demand raised is under challenge in that writ petition.
4. As contended by the petitioner this court has granted absolute stay against realisation of the amount in dispute. Therefore the Board is not justified in denying from electric connections on the premise that the petitioner is in default. Further, the grant of new connections will not in any manner preclude the respondents from realising such amounts, if it is ultimately found by this court that the petitioner is liable for payment of such amounts.
Therefore the writ petition is allowed and Exhibit P5 is hereby quashed. The respondents are directed to provide W.P.(C). No. 23738 of 2012 -3- electric connections as applied for by the petitioner, subject to satisfaction of the other requirements, without insisting for payment of amount mentioned in Exhibit P5.
Sd/-
C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn