High Court Kerala High Court

P.G.Suresh vs Kerala State Electricity Board on 30 June, 2010

Kerala High Court
P.G.Suresh vs Kerala State Electricity Board on 30 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20307 of 2010(K)


1. P.G.SURESH, AGED 52 S/O.GANGADHARAN
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER

3. DEPUTY CHIEF ENGINEER,

                For Petitioner  :SRI.K.RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :30/06/2010

 O R D E R
                     P.R.RAMACHANDRA MENON, J
                    ---------------------------
                         W.P(C) No.20307 of 2010-K
                   ----------------------------
                Dated this the 30th day of June, 2010.

                             J U D G M E N T

The petitioner has approached this Court seeking for the

following reliefs:

“A) Call for the records leading up to Exhibits P1 to P4.

B) Issue a Writ of Certiorari or other appropriate Writ,
order or direction quashing Ext.P1 and P2 issued by the second
respondent dated 26.5.2010;

C) Issue a writ of Mandamus or other appropriate writ or
direction directing the second respondent to hear and dispose off
Exhibit P3 dated 8.6.2010 and also direct the third respondent to
hear and dispose off Exhibit P4 representation dated 28.6.2010
and till then not to disconnect the supply of electrical energy to
the petitioner’s consumer No.5050 Lt IV of Electrical Section,
Muthalamada.

deem fit and Render in the circumstances of the case.

D) such other orders as this Hon’ble Court may
proper

2. The learned counsel for the petitioner submits that,

eventhough the petitioner has preferred Ext.P4 representation, it is

now revealed to the petitioner that the same is missing. The

petitioner is constrained to approach this Court because of the

coercive steps taken in the meanwhile for effecting disconnection.

W.P(C) No.20307 of 2010-K 2

3. Heard the learned standing counsel appearing for the

respondent Board as well.

4. Taking note of the fact that Ext.P4 dated 28.6.2010, the

petitioner is permitted to prefer a fresh appeal, satisfying the

requirements as specified in accordance with law, within one week

from the date of receipt of a copy of this judgment. The third

respondent is directed to consider such appeal and pass final orders

after giving an opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate within two months from the

date of receipt of a copy of this judgment. It is made clear that, the

coercive proceedings shall be kept in abeyance till such time, on

condition that the petitioner satisfies 50% of the liability as

prescribed, under the relevant provisions of the statute.

The Writ Petition is disposed of.

P.R.RAMACHANDRA MENON
JUDGE

ab