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2025 Supreme(Online)(Ker) 53024

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
KERALA STATE ELECTRICITY REGULATORY COMMISSION – Appellant
Versus
M/S.FRANCISCAN MISSIONARY BROTHERS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.VIPIN P.VARGHESE, SC, KERALA STATE ELECTRICITY REGULATORY COMMISSION - KSERC, SHRI.ADARSH MATHEW, SMT.MERLINE MATHEW, SMT.MEERA ELSA GEORGE, SHRI.KEVIN MATHEW GEORGE
For the Respondents: SHRI.P.B.PRADEEP, SRI.MILLU DANDAPANI

Table of Content
1. nature of the refund claim and the judgment prompt. (Para 1 , 2 , 3 , 4)
2. analysis of jurisdictional limitations and procedural correctness. (Para 5 , 6 , 8)
3. conclusions on fees related to dismissed petitions. (Para 9 , 11 , 12)
4. final ruling on the appeal outcome. (Para 13)

JUDGMENT

Harisankar V. Menon, J The 2nd respondent in W.P(C) No.17728 of 2020 has instituted this intra-court appeal seeking to challenge the judgment dated 03.08.2022, directing it to refund an amount of Rs.1,25,000/- paid by the writ petitioner when it instituted an original petition before it.

2. The 1st respondent herein is stated to be an association of persons. The 2nd respondent herein (the 1st respondent in the writ petition) had cut down various trees standing in its property for the purpose of drawing a 400 kV electric line. It is also pointed out by the 1st respondent herein that the 2nd respondent had also erected towers for the purpose of line drawing in the property. Complaining that no compensation was provided for the afore activities, the 1st respondent originally approached the District Court, Kalpetta, seeking enhanced compensation. Later, the petitions filed were withdr

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