High Court Kerala High Court

M.P.Antony vs The Kerala State Electricity … on 25 January, 2010

Kerala High Court
M.P.Antony vs The Kerala State Electricity … on 25 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1275 of 2010(H)


1. M.P.ANTONY, S/O.PAILY, MANAGING PARTNER,
                      ...  Petitioner

                        Vs



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

2. THE ASST.ENGINEER, KERALA STATE

3. THE EXECUTIVE ENGINEER, ELECTRICAL

                For Petitioner  :SRI.K.I.ABDUL RASHEED

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

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

 Dated :25/01/2010

 O R D E R
                    P.R. RAMACHANDRA MENON, J.
              ..............................................................................
                        W.P.(C) No. 1275 OF 2010
               .........................................................................
                      Dated this the 25th January , 2010



                                    J U D G M E N T

The grievance of the petitioner is that Ext. P2 application

preferred before the second respondent for enhancement of the

power allocation to the petitioner’s unit and stated as now

pending before the third respondent has not been acted upon,

reportedly for the reason that some amounts are allegedly due

from the petitioner to the respondent Board.

2. The learned Counsel for the petitioner submits that the

alleged liability as per Ext. P6 has already been subjected to

challenge by filing W.P.(C) 36788 of 2007 and the realization of

the said amount has been intercepted by this Court as per Ext.

P7 interim order . The learned Counsel further submits that the

said liability having been stayed by this Court, it cannot be

stated as valid and subsisting as on date, so as to have it

realized before the application put up by the petitioner is

considered. The law declared by this Court as per Ext.P8

judgment pertaining to similar issue, is also referred to in this

W.P.(C) No. 1275 OF 2010

2

regard.

3. Heard the learned Standing Counsel for the Board as

well.

4. Considering the facts and circumstances, the third

respondent is directed to consider and pass appropriate orders

on Ext.P2 application for enhancement of power allocation and

to finalise the same after giving an opportunity of hearing to the

petitioner, as expeditiously as possible, at any rate within one

month from the date of receipt of a copy of the judgment. It is

made clear that the issue forming the subject matter of the

W.P.(C) No. 36788 of 2007 as to the alleged liability, which

stands stayed by virtue of Ext. P7 interim order, shall not be a

bar for considering and finalizing the proceedings as above.

The Writ Petition is disposed of as above.

P.R. RAMACHANDRA MENON,
JUDGE.

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