High Court Kerala High Court

Moideenkunju.C.S vs The Assistant Engineer on 19 August, 2008

Kerala High Court
Moideenkunju.C.S vs The Assistant Engineer on 19 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25012 of 2008(C)


1. MOIDEENKUNJU.C.S, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT ENGINEER, KERALA STATE
                       ...       Respondent

2. DEPUTY CHIEF ENGINEER, ELECTRICAL

3. KERALA STATE ELECTRICITY BOARD

                For Petitioner  :SRI.C.A.NAVAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :19/08/2008

 O R D E R
                         K.M. JOSEPH, J.

           ````````````````````````````````````````````````````
                W.P.(C) No. 25012 OF 2008 C
           ````````````````````````````````````````````````````
           Dated this the 19th day of August, 2008

                         J U D G M E N T

Petitioner has approached this Court aggrieved by

Exts.P1 and P2. There was a personal hearing on the basis

of Exts.P3 and P4 objections filed by the petitioner. The 1st

respondent passed Exts.P6 and P7 and the petitioner

preferred Exts.P8 and P9 appeals before the Deputy Chief

Engineer who called upon the petitioner to remit 50% of the

amount. The petitioner has approached this Court aggrieved

by the said direction. The petitioner seeks a direction to

consider Exts.P8 and P9 statutory appeals without insisting to

pay 50% of the amount.

2. I heard learned counsel for the petitioner and

learned standing counsel. Learned standing counsel points

out that actually the appeal may not lie before the Deputy

Chief Engineer under section 127 as it is a re-assessment

under section 24 and it is open to the petitioner to approach

WPC.25012/08
: 2 :

the Consumer Grievance Redressal Forum, Ernakulam. In

such circumstances, writ petition is disposed of as follows.

If the petitioner prefers separate petitions in regard to

the separate complaints before the Consumer Grievance

Redressal Forum, Ernakulam, within three weeks from today,

the Consumer Grievance Redressal Forum, Ernakulam will

consider the same and take a decision in the matter, in

accordance with law, after affording an opportunity for hearing

to the petitioner, within three months from the date of receipt

of a copy of this judgment. In the meantime, if the petitioner

remits 20% of the amount demanded within three weeks from

today, proceedings will be kept in abeyance till a decision is

taken by the Forum.

Sd/-

(K.M.JOSEPH, JUDGE)
aks

/TRUE COPY/

P.A.TO JUDGE