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2024 Supreme(Ker) 852

EASWARAN S.
Assistant Engineer, Kerala State Electricity Board – Appellant
Versus
Managing Partner, Sarathy Auto Cars – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Sajeevkumar K.Gopal, SC, Riji Rajendran, Sri.V.V.Binu, SC
For the Respondent: Sri.Enoch David Simon Joel

JUDGMENT :

Easwaran S., J.

The Kerala State Electricity Board (KSEB) has come up with the present writ petition, questioning the jurisdiction of the Permanent Lok Adalat in entertaining a dispute in respect of a provisional assessment of electricity charges.

2. The facts for the disposal of the present writ petition are as follows:

Respondents 1 and 2 are the consumers of the petitioner. Based on Ext.P1 site mahazar, the Assessing Officer issued a provisional bill to the tune of Rs.2,05,938/-in terms of provisions contained under Section 126 of the Electricity Act, 2003. The said provisional bill was challenged by the 1st respondent before the 3rd respondent – Permanent Lok Adalat, constituted under the provisions of the Legal Services Authorities Act, 1987, (hereinafter referred to as 'the Act' for brevity) by filing O.P.No.122 of 2014, Ext.P3.

3. According to the 1st respondent, various electrical gadgets were not connected at the time of inspection and hence, the calculation made was illegal and arbitrary. The petitioners appeared and filed their objection, contending mainly that the Permanent Lok Adalat does not have the jurisdiction to entertain Ext.P3 complaint.

4. The 3rd responde

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