IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29291 of 2003(K)
1. BHARATH SANCHAR NIGAM LIMITED,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASSISTANT EXECUTIVE ENGINEER,
3. EXECUTIVE ENGINEER, K.S.E.BOARD
4. THE DEPUTY CHIEF ENGINEER
5. THE ASSISTANT ENGINEER K.S.E.BOARD,
For Petitioner :SRI.B.JAYASANKAR
For Respondent :SRI.P.SANTHALINGAM, SC, KSEB
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :20/12/2006
O R D E R
KURIAN JOSEPH, J.
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W.P.(C).No.29291 OF 2003
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Dated this the 20th day of December, 2006
J U D G M E N T
The writ petition is filed with the following prayers:
i) A writ of mandamus or any other writ, order or
direction directing the respondents to provide the
contracted load of 37KW to the Karavaloor Telephone
exchange for which sanction was accorded as per
Ext.P3 forthwith.
ii) A writ in the nature of a writ of certiorari or any
other writ order or direction quashing Ext.P10, P14
invoices issued by the respondent board and Ext.P13
order passed by the 4th respondent.
iii) A writ of prohibition or any other writ order or
direction directing the respondents not to take any
coercive steps to disconnect the present supply to the
Karavaloor Telephone exchange.
iv) Direct the 1st respondent to grant interest at the
rate of 12% per annum on Rs. 6,32,106/- in deposit
with the 1st respondent Board and adjust the same
towards the future bill till a 37KW connection is
provided to the petitioner as contracted.
It is seen that there is an interim order dated 16.9.2003
which reads as follows:
“There will be an interim stay of disconnection on
condition that the petitioner deposits Rs. 30,000/-
within two months from today”.
Since the 4th respondent has already considered the issue
W.P.C.No.29291/2003 :2:
and since he being appellate authority it is only appropriate that
the 4th respondent considers the entire issue with notice to the
petitioner. There will be a direction to the 4th respondent to look
into the dispute as raised in the writ petition with notice to the
petitioner and take appropriate action thereon in accordance with
law to settle the whole issue. Till the action is taken by the 4th
respondent as above, the interim order dated 16.9.2003 will
continue.
The writ petition is disposed of as above.
(KURIAN JOSEPH, JUDGE)
ps