Kerala High Court
Paragon Steels Pvt. Ltd vs State Of Kerala on 21 December, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY,THE 9TH DAY OF DECEMBER 2014/18TH AGRAHAYANA, 1936
WP(C).No. 32697 of 2014 (J)
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PETITIONER :
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PARAGON STEELS PVT. LTD,
UNIT II, 336/2, PARA ROAD,
NEAR N.I.D.A, KANJIKODE, PALAKKAD,
REPRESENTED BY ITS MANAGING DIRECTOR M.PARAMASIVAM.
BY ADV. SRI.P.R.VENKETESH
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
POWER DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2. KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVANAM,
PATTOM PALACE P.O, THIRUVANANTHAPURAM- 695 004
3. THE DEPUTY CHIEF ENGINEER(APTS),
KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVANAM,
PATTOM PALACE P.O, THIRUVANANTHAPURAM -695 004
4. THE SPECIAL OFFICER (REVENUE),
KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVANAM,
PATTOM PALACE P.O, THIRUVANANTHAPURAM- 695 004
5. THE ASST.EXECUTIVE ENGINEER(APTS),
KERALA STATE ELECTRICITY BOARD, PALAKKAD- 678 001.
6. THE ASST.ENGINEER,
KSEB, ELECTRICAL SECTION , KANJIKODE- 678 621.
7. THE DY. CHIEF ENGINEER, ELECTRICAL CIRCLE, SHORNUR-2.
R1 BY SR GOVERNMENT PLEADER SRI.P.V.LONACHAN
R2 TO R7 BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-12-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 32697 of 2014 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE SITE MAHAZAR DATED 21/12/2004 PREPARED BY THE
APTS.
EXHIBIT P2 COPY OF THE BILL ALONG WITH COVERING LETTER DATED
23/12/2004 BY THE SPECIAL OFFICER (REVENUE)
EXHIBIT P3 COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE
CHAIRMAN OF ELECTRICITY BOARD DATED NIL
EXHIBIT P4 COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY CHIEF
ENGINEER(APTS) ON 31/12/2004 TO THE DY. CHIEF ENGINEER,
TRANSMISSION CIRCLE, PALAKKAD
EXHIBIT P5 COPY OF THE REPRESENTATION DATED 27/1/2005 SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P6 COPY OF ORDER DATED 15/5/2005 PASSED BY THE DY. CHIEF
ENGINEER (APTS)
EXHIBIT P7 COPY OF INVOICE RAISED BY THE SPECIAL OFFICER (REVENUE) ON
12/5/2005
EXHIBIT P8 COPY OF ORDER ON 25/5/2005 IN WPC NO.15611/2005 OF THIS
HON'BLE COURT
EXHIBIT P9 COPY OF THE JUDGMENT DATED 15/11/2012 IN WPC NO.15611/2005
AND WA NO. 1284/2005 OF THIS HON'BLE COURT.
EXHIBIT P10 COPY OF THE PROVISIONAL ASSESSMENT ORDER DATED 24/4/2013
ISSUED BY THE ASST. ENGINEER,ELECTRICAL SECTION, KANJIKODE
EXHIBIT P11 COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED
9/5/2013 BEFORE THE BY THE ASST. ENGINEER,ELECTRICAL
SECTION, KANJIKODE
EXHIBIT P12 COPY OF THE FINAL ORDER DATED 29/5/2013 PASSED BY THE
ASST. ENGINEER,ELECTRICAL SECTION, KANJIKODE
EXHIBIT P13 COPY OF APPEAL FILED UNDER SECTION 127 BEFORE THE 5TH
RESPONDENT BY THE PETITIONER DATED 6/6/2013
EXHIBIT P14 COPY OF ORDER DATED 13/10/2014 WITH ACORRIGENDUM ORDER
DATED 18/10/2014 OF THE 5TH RESPONDENT
sts 2/-
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WP(C).NO.32697/2014
EXHIBIT P15 COPY OF THE DEMAND DATED 20/11/2014 ISSUED BY THE
ASST. ENGINEER,ELECTRICAL SECTION,KANJIKODE.
EXHIBIT P16 COPY OF THE MINUTES OF THE MEETING HELD ON 19/11/2014
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.R. RAMACHANDRA MENON, J.
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W.P(C). No. 32697 of 2014
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Dated this the 9th day of December, 2014
J U D G M E N T
The petitioner has approached this Court challenging Ext.P14 order passed by the 7th respondent, whereby the appeal preferred by the petitioner under Section 127 of the Electricity Act, 2003, came to be considered and finalised declining interference. The case of the petitioner projected in the writ petition is that, there was a surprise inspection by the Anti Power Theft Squad in the premises of the petitioner on 21.12.2004 and some incriminating materials were traced out. A provisional assessment order was passed, to which the petitioner submitted objection. The matter came to be finalised, mulcting huge liability upon the petitioner, which was sought to be challenged by way of appeal. Ext.P12 is the final order passed by the 6th respondent and Ext.P13 is the appeal preferred before the 7th respondent under Section 127. It was after considering the said appeal, that the 7th respondent passed Ext.P14 order on 13.10.2014, followed by a corrigendum order dated 18.10.2014. This was followed by Ext.P15 demand notice. Under such circumstances, the petitioner WP(c). No.32697 of 2014 2 has approached this Court by filing this writ petition raising many grounds.
2. Heard Sri.Raju Joseph, Senior counsel appearing for the respondent Board as well as the learned Government Pleader appearing for the 1st respondent.
3. After going through the pleadings and proceedings and after hearing, this Court finds that the only point to be considered at this stage is whether the 7th respondent was having power, jurisdiction and competence to pass the impugned order on the relevant date. It is brought to the notice of this Court that the issue had come up for consideration before a Division Bench of this Court and as per the judgment in WP(C) No.11906/2009 dated 07.07.2014, it was held that the appellate authority to be constituted by the State Government in terms of the relevant provisions of Electricity Act, 2003 shall be a person who is not connected with the affairs of the Board. Accordingly, the law was made clear and the authority of the Deputy Chief Engineer, KSEB was intercepted. Pursuant to the said verdict, it is brought to the notice of this Court, that the State Government has already constituted proper appellate authority and a 'gazette notification' has been issued in this regard on 15.10.2014. In the above WP(c). No.32697 of 2014 3 circumstances, this Court finds that Ext.P14 order passed by the 7th respondent is without jurisdiction and any order passed without jurisdiction is a nullity.
4. Accordingly, Ext.P14 order is set aside and the 7th respondent is directed to forward the appeal preferred by the petitioner to the competent authority forthwith, at any rate, within 10 days from the date of receipt of a copy of this judgment. On receipt of the proceedings as above, the competent authority shall consider and pass final orders in the appeal in accordance with law, after hearing both the sides. It shall be done at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
Coercive proceedings, if any, shall be kept in abeyance till such time.
The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 7th respondent for further steps.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
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