High Court Kerala High Court

M/S. Queens Tourist Home vs State Of Kerala on 7 December, 2006

Kerala High Court
M/S. Queens Tourist Home vs State Of Kerala on 7 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 37916 of 2002(L)


1. M/S. QUEENS TOURIST HOME,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, SECRETARIAT,
                       ...       Respondent

2. KERALA STATE ELECTRICITY BOARD,

3. EXECUTIVE ENGINEER, KERALA STATE

4. ASSISTANT ENGINEER, ELECTRICAL MAJOR

5. ANTI POWER THEFT SQUAD (APTS), KERALA

                For Petitioner  :SRI.N.L.KRISHNAMOORTHY

                For Respondent  :SRI.A.SUDHI VASUDEVAN, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :07/12/2006

 O R D E R
                           KURIAN JOSEPH, J.

                     -----------------------------------------

                           O.P.No. 37916 of  2002

                     -----------------------------------------

              Dated this the 7th  day of  December, 2006


                                 JUDGMENT

The challenge is on Ext.P7 notice issued by the 4th

respondent. As per Ext.P7 petitioner was directed to club various

service connections at the premises of the petitioner. According to

the petitioner each connection is given to separate identifiable

premises with liberty to each consumer to have the purpose of its

own. It is submitted that the tariff is to be determined based on the

nature of consumption and hence separate connections are

necessary. Since Ext.P7 is only by the 4th respondent it is for the

petitioner to pursue the matter before the appellate authority.

Therefore the writ petition is disposed of as follows. Petitioner

may file an appeal before the Deputy Chief Engineer, Electrical

Circle, Kozhikode within a period of two months from today. The

matter will be duly considered by the said authority with notice to

the petitioner and appropriate orders in accordance with law in the

OP NO.37916/2002

-:2:-

matter will be passed with notice also to the other consumers also.

Subject to the petitioner filing the appeal as above, the interim

order in C.M.P.No.64016/2002 will continue till orders are passed

in the appeal.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

O.P.NO.37916/2002

JUDGMENT

7th December, 2006