The Manjeri Municipality vs The Kerala State Electricity … on 3 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2377 of 2009()


1. THE MANJERI MUNICIPALITY,MANJERI,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE KERALA STATE ELECTRICITY BOARD,

3. THE DEPUTY TAHSILDAR,

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :03/11/2009

 O R D E R
              S.R.Bannurmath, C.J. & A.K. Basheer, J.
                  ------------------------------------------
                         W.A.No.2377 of 2009
                  ------------------------------------------
              Dated this the 3rd day of November, 2009

                             JUDGMENT

S.R.Bannurmath, C.J.

Challenging the judgment of the learned Single Judge

dated 17th August, 2009 in W.P.(C) No.3841 of 2009, directing the

first respondent Kerala State Electricity Board to reconsider the

demand made to the appellant Municipality for payment of the

balance amount towards electrical energy consumed by the

beneficiary committee for supply of drinking water, the present writ

appeal is filed.

2. Taking into consideration the undisputed fact that the

contract for supply of electrical energy is between the first

respondent and the appellant Municipality and merely because it has

entered into an agreement with the beneficiary committee, that

prima facie, does not absolve the appellant’s liability to pay the

electricity charges. However, as the appellant/petitioner has raised

W.A.No.2377 of 2009

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certain questions regarding limitation and discontinuation of the

Scheme, the learned Single Judge, in our view, has rightly directed

the first respondent Board to examine both the aspects and take a

decision in accordance with law.

3. As such, considering the arguments once again, we

do not find any illegality in the impugned order passed by the

learned Single Judge. Therefore, we dismiss the writ appeal keeping

in tact the liberty as reserved by the learned Single Judge to the

appellant.

S.R.Bannurmath,
Chief Justice

A.K. Basheer,
Judge
vns