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    BEFORE THE HONOURABLE HIGH

    COURT OF KERALA AT
    ERNAKULAM.

    C.M. Appli. No: of 2024


    In

    W.P (C) NO: 17722 OF 2020

    The Assistant Executive Engineer,


    Electrical Sub Division, K.S.E.B Ltd. : Petitioner

    Vs
    The Electricity Ombudsman and Others : Respondents

    AFFIDAVIT

    I, Dr. C. Jameela, aged 54 years, W/o. Sayed Mohammed Khilar,


    River view Hospital , Padannakad, Neeleshwaram, Kasargode, do
    hereby solemnly affirm and state as follows;

    1. I am the 3rd respondent in the above writ petition. I am

    conversant with the facts of the case as disclosed from the

    relevant records and I am competent to swear to this affidavit.

    2. The above writ petition has been filed by the Kerala State

    Electricity Board inter alia to quash the order of the State

    Electricity, Ombudsman, Kochi by issuing a writ of certiorari

    and further for a declaration that 3rd respondent is not entitled

    to get any tariff change


    merely because a governmental institution was using the

    building to which electricity connection was availed for the

    purpose of the running a hospital and also for allowing the

    request of the 3rd respondent could amount to unjust

    enrichment

    3. In order to clear the defects, perusal of certain documents

    were necessary. Unfortunately, some of the documents which

    contain the required details got misplaced and there occurred

    delay in finding the same and giving instructions. Hence I could

    not represent the OA after curing the defects within the

    prescribed time.

    4. It is respectfully submitted that the OA ought to have been

    represented on or before 12.02.2024. However, the same

    could not be done due to the aforementioned reason. There

    are no willful laches or negligence from my part. Hence now

    there is a delay of 30 days in representing the above OA after

    curing the defects.

    5. In such circumstances, it is most respectfully prayed that this

    Hon’ble Tribunal may be pleased to condone delay of 30 days


    in representing the above OA after curing the defects. If the

    same is not allowed, the petitioner would be put to irreparable

    injuries and hardships. On the other hand no hardship would

    be caused to the respondents, if the same is allowed. The

    balance of convenience is in favour of the petitioner. A

    separate petition seeking the said relief is also filed herewith,

    which may kindly be allowed in the interest of justice.

    Dated this 14th day of March, 2024

    Deponent
    Solemnly affirmed and signed by the deponent, before me, who is
    personally known to me, on this 14 th day of March, 2024 in my office
    at Ernakulam.

    Advocate
    BEFORE THE HONOURABLE HIGH
    COURT OF KERALA AT
    ERNAKULAM.

    C.M. Appli. No: of 2024


    In

    W.P (C) NO: 17722 OF 2020

    Between:
    Petitioner/ Applicant in WPC:
    Dr. C. Jameela, aged 54 years, W/o. Sayed Mohammed Khilar, River
    view Hospital , Padannakad, Neeleshwaram, Kasargode
    The Assistant Executive Engineer,

    Vs
    Respondents/ Respondents in OA:
    1. The Electricity Ombudsman and Others

    Petition to Condone the Delay in Representing the


    above OA

    For the reasons stated in the accompanying affidavit, it is


    most respectfully prayed that this Hon’ble Tribunal may be
    pleased to condone delay of 5 days in representing the
    above OA after curing the defects, in the interest of justice.
    Dated this 12th day of December, 2023

    O.A. Nuriya
    Counsel for the Petitioner/Applicant

    Dated this 14th day of March, 2024

    Dr. C. Jameela
    Deponent

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