IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26678 of 2009(D)
1. T.V.K.CONSTRUCTIONS,
... Petitioner
Vs
1. THE KERALA MINERALS AND METALS LTD.,
... Respondent
2. M/S. DEEPTHI TRANSPORT SERVICE,
For Petitioner :SRI.R.RAJASEKHARAN PILLAI
For Respondent :M/S.B.S.KRISHNAN ASSOCIATES, SC. KMML
The Hon'ble MR. Justice V.GIRI
Dated :28/10/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.26678 OF 2009
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Dated this the 30th day of November, 2009
JUDGMENT
1.Read orders dated 5.10.2009 and 23.10.2009. There is no
appearance for the petitioner.
2.In Ext.P4 judgment rendered by this Court in writ jurisdiction,
the Electricity Board was directed to segregate the amounts
that have to be paid by the petitioner for the period for which
he was the licensee of the panchayat market. This Court
stated as follows:
“. . . . . . . . . . . . Since the bill in question has been
given to the petitioner in May, 2008, what is
necessary to be ascertained is whether this includes
any period from 1.4.2008. This is a matter for the
Electricity Board to verify and the learned counsel
for the petitioner undertakes that if any amount is
due for the period from 1.4.2008, that will be paid.
Counsel for the Electricity Board agrees that the
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energy charges for the period from 1.4.2008 will be
separately worked out and intimated to the
panchayat. It is directed that once the energy
charges for the period from 1.4.2008 is so intimated
by the Board to the panchayat, it will be open to the
panchayat to realise the same from the petitioner
and if he does not make payment of such amount, it
will be open to the panchayat to take steps for its
realisation”.
3.With the aforesaid, the Electricity Board carried out its duties
under that order and has intimated the panchayat accordingly.
The panchayat was issued the demand. In this writ petition,
the Electricity Board filed counter affidavit giving the details
and split up of the segregation made. It was after noticing
that counter affidavit that this Court issued the order dated
23.10.2009 calling upon the petitioner to file reply affidavit if
he has anything to say. Nothing is on record.
Having gone through the counter affidavit of the Electricity
Board, I find no ground to interfere with the impugned
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judgment and I am satisfied that the segregation has been
made to the satisfaction of the directions contained in Ext.P4
judgment. In the result, the writ petition fails and the same is
accordingly dismissed.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.1/12.