`The petitioner has approached this Court with the following prayers:
i. To issue a Writ of mandamus or any other appropriate Writ or order or direction directing the Respondents 1 and 2 to recover the loss sustained to the KSEB for the period 1.1.2012 to 10.10.2014 as provided u/s. 135 of the Electricity Act, 2003 within a time frame to be fixed by this Hon'ble Court ;
ii. To issue a Writ of mandamus or any other appropriate Writ or order or direction directing the 2nd Respondent to consider Ext. P8 after hearing the petitioner and the 3rd Respondent and pass appropriate orders within a time frame to be fixed by this Hon'ble Court;
iii. To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.
2. The learned Counsel for the petitioner submits that the petitioner is the owner of the property which is now under the Receivership of the 4th respondent/Advocate Receiver appointed W.P.(C)No.31106 OF 2014 2 by the concerned civil court. The third respondent/Selvaraj is the lessee of the premises from 01.01.2012 to 31.12.2014. But pursuant to the inspection conducted by the APTS team in the premises, unauthorised use of electricity was found out and the third respondent/Selvaraj has been charged only in respect of the period from December 2013 to 30.10.2014. According to the petitioner, the proceedings have to be pursued against the third respondent for the entire period i.e. from 01.01.2012 to 31.12.2014; lest the Receiver should be proceeded against, who otherwise would be compelled to satisfy the amount and ultimately, the loser will be the petitioner. It is in the said circumstance, that the grievance of the petitioner has been projected before the second respondent/Assistant Engineer(I/C) Electrical Section, Kottathara by way of Ext.P8. The prayer is to cause Ext.P8 representation to be considered and finalised.
3. Heard the learned Standing Counsel for the respondent Board as well.
4. In view of the limited extent of relief sought for , this Court does not find it necessary to issue notice to the 3rd and 4th respondents for the time being. The Writ petition is disposed of W.P.(C)No.31106 OF 2014 3 directing the second respondent/Assistant Engineer to consider and pass appropriate orders on Ext.P8, in accordance with law, after affording an opportunity of hearing to the petitioner with notice to the third and fourth respondents, which shall be done at the earliest, at any rate, within six weeks from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondents for further steps.
P.R.RAMACHANDRA MENON JUDGE lk