IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 OP.No. 26035 of 2002(Y) --------------------------------- PETITIONER(S): ---------------------- A.C. HARIDAS, S/O. CHANDRASEKHARA PILLAI, HAPPY CONSTRUCTIONS, KAKKANAD, KOCHI-30. BY ADV. MR.N.C.JOSEPH SMT.MARY MANJU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT., SECRETARIATE, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, K.S.E.B., CHENGANNOOR. R1 BY GOVERNMENT PLEADER MR.I.V.PRAMOD R2 & R3 BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 26035/2002-Y ORDER ON C.M.P. NO.44235/2002 IN O.P. NO. 26035/2002 CLOSED 01/06/2009. SD/- ANTONY DOMINIC, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEMAND NOTICE NO.BB/98-99 DATED 15/12/98 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 15/06/2001 IN O.P. NO. A.241/99 OF CONSUMER DISPUTES REDRESSAL FORUM ALAPPUZHA. EXT.P3: COPY OF THE ORDER/JUDGMENT DATED 22/03/2002 IN O.P. NO. 7834/2000(G) OF THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P4: COPY OF THE APPEAL DATED 03/04/2002 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DATED 29/07/2002 IN W.A. NO. 1426/2002 OF THE HIGH COURT OF KERALA, ERNAKULAM. EXT.P6: COPY OF THE DEMAND NOTICE NO.E8 33/02-03/KSEB DATED 28/08/2002 ISSUED BY 1ST RESPONDENT. EXT.P7: COPY OF THE METER READING REGISTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE PROVISIONL INVOICE ISSUED TO THE PETITIONER BY 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ ANTONY DOMINIC,J. --------------------- O.P.No.26035 OF 2002 ------------------------ Dated this the Ist day of June, 2009. JUDGMENT The controversy in this original petition is regarding the correctness of the revenue recovery proceedings initiated against the petitioner by Ext.P6. Petitioner submits that he was the Contractor engaged by the Director, Institute of Human Resources Development for the construction of Engineering College, Chengannoor. It is stated that, for the purpose of execution of work, supply was availed of in September, 1995 and that the same was disconnected in April, 1998. It is stated that, long thereafter by Ext.P1, issued on 15.12.1998, petitioner was called upon to pay Rs.2,35,210/- towards the dues for the period February, 1998 to April, 1998 along with Rs.5943/-. This was objected to by the Petitioner. He approached the Consumer Disputes Redressal Forum Alappuzha by filing OP.NO.26035/02 2 O.P.No.241/99. The complaint was disposed of by Ext.P2 but however without giving him substantial relief. Thereupon an original petition was filed before this court which was disposed of by Ext.P3 judgment which again was modified by Ext.P5, in a writ appeal filed by the Institute of Human Resources Development. In the meanwhile Petitioner disputed his very liability to pay the amount demanded in Ext.P1 by filing Ext.P4 appeal before the Executive Engineer, Electrical Major Section, KSEB Chengannoor. It was during the pendency of the appeal that by Ext.P6, revenue recovery proceedings were initiated and the amount was sought to be realized. It was at that stage this Original petition has been filed. 2. Although, several contentions have been raised by both sides, regarding the sustainability of Ext.P6 proceedings, it is stated that Ext.P4 appeal is still pending before the Executive Engineer, Chengannoor and this position is confirmed by the Standing Counsel for the respondent also. The issue raised in the writ petition regarding the validity of OP.NO.26035/02 3 Ext.P1, involves a disputed question of fact and that question can be resolved only in the appeal. Therefore I feel that it is only appropriate that the appellate authority shall dispose of the appeal with notice to the petitioner as expeditiously as possible. Therefore the Original Petition is disposed of with the following directions. 3. The Executive Engineer, Electrical Major Section, KSEB, Chengannoor shall dispose of Ext.P4 appeal with notice to the Petitioner as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of this judgment. It is directed that, until orders are so passed, stay of further proceedings pursuant to Ext.P6 granted by this court by order dated 12/9/2009 shall continue. Petitioner shall produce a copy of the judgment before the Executive Engineer, for compliance. (ANTONY DOMINIC) JUDGE vi/ OP.NO.26035/02 4 ANTONY DOMINIC,J. --------------------- O.P.No.26035 OF 2002 ---------------------- Dated this the Ist day of June, 2009. JUDGMENT