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BABURAJAN PILLAI, S/O. JANARDHANAN versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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BABURAJAN PILLAI, S/O. JANARDHANAN v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 31148 of 2004(G) [2007] RD-KL 13321 (18 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 31148 of 2004(G)

1. BABURAJAN PILLAI, S/O. JANARDHANAN
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. THE KERALA STATE ELECTRICITY BOARD,

3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION,

4. THE ASSISTANT ENGINEER, ELECTRICAL

For Petitioner :SRI.C.RAJENDRAN

For Respondent :SRI.N.D.PREMACHANDRAN, SC, KSEB

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :18/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 31148 OF 2004

Dated this the 18th day of July, 2007.



J U D G M E N T

Petitioner is aggrieved by the steps taken for recovery of dues in respect of electric connection which was dismantled after six months of disconnection.

2. Under the Conditions of Supply of Electrical Energy prevailing during the relevant period, supply cannot remain under disconnection beyond six months unless requested by the consumer. It is also specifically provided in the regulations that supply shall be deemed to be dismantled as on that date. In the instant case it is admitted that the supply was disconnected on 31.08.2001. However, the same was dismantled only on 29.07.2003. The liability of the petitioner is only to pay fixed charges for a period of six months after the disconnection, since there is no request for keeping the connection. The amount due from the petitioner shall be thus recomputed and fresh demand shall be issued within a period of three months from the date of W.P. (C). 31148/04 2 production of a copy of this judgment. The amounts already remitted by the petitioner will be duly adjusted. This writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

smp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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