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Kerala High Court
Radhakrishnan P. N vs The Kerala State Electricity Board Ltd, ... on 21 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 6766 OF 2024
PETITIONER:
RADHAKRISHNAN P.N
AGED 83 YEARS, S/O. NARAYANAN,
PUTHENVEEDU, KAVANADU P.O., KOLLAM - 691 003,
PRESENTLY RESIDING AT 'AVANI', RRA-E-74,
RISHIMANGALAM, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035.
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LTD,
REPRESENTED BY ITS SECRETARY
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004.
2 THE ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, PUTHENCHANTHA,
THIRUVANATHAPURAM, PIN - 695001.
3 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, PUTHENCHANTHA,
THIRUVANATHAPURAM, PIN - 695001.
4 RAJAN PILLAI FOUNDATION
NNC ESTATE, VADAKKEVILA P.O,
KOLLAM PIN - 691010
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
W.P.(C) No.6766/2024
:2:
5 THE EXECUTIVE DIRECTOR
RAJAN PILLAI FOUNDATION, NNC ESTATE,
VADAKKEVILA P.O, KOLLAM, PIN - 691010.
BY ADVS.
SRI.RIJI RAJENDRAN
SRI.P.T.MANOJ
SMT.JESTINA MARIAM JOSEPH
SMT.LITISHYA FRANCIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.6766/2024
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N. NAGARESH, J.
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W.P.(C) No.6766 of 2024
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Dated this the 21st day of May, 2024
JUDGMENT
~~~~~~~~~ The petitioner is aggrieved by the action of respondents 1 to 3 in disconnecting the electricity supply to his textile shop taken on rent from respondents 4 and 5.
2. The petitioner states that he has been conducting textile business in the land and shed owned by the 4 th respondent near the Government Secretariat, Thiruvananthapuram. Respondents 4 and 5 demanded the petitioner and his son to vacate the premises. As the petitioner had spent more than ₹3.5 Crores for running the textiles, the petitioner expressed his inability to vacate the premises.
W.P.(C) No.6766/2024:4:
3. The petitioner states that respondents 4 and 5 did not give consent to the petitioner for obtaining Trade Licence from the local authority. The petitioner had to approach this Court for issuance of Trade Licence. The 4 th respondent thereafter filed a suit before the Munsiff's Court, Kollam for recovery of possession. The suit is still pending. Respondents 4 and 5 thereafter filed a complaint before the police alleging that Ext.P1 agreement executed by them is a forged document. This Court, in Crl.M.C. No.9418/2022, stayed all further proceedings in the said complaint. Respondents 4 and 5 thereafter filed another complaint before the Assistant Commissioner of Goods and Service Tax alleging that the petitioner has obtained GST registration fraudulently. The GST authorities thereupon cancelled the registration granted to the petitioner. This Court in W.P.(C) No.40071/2022 has directed the Superintendent, Commercial Tax Circle to reconsider the issue.
4. The petitioner then filed a suit for injunction OS No.971/2021 before the Principal Munsiff's Court, W.P.(C) No.6766/2024 :5: Thiruvananthapuram. The Munsiff's Court did not grant any interim injunction. Thereafter, with the intention of somehow pushing out the petitioner from the licensed premises, the 5 th respondent requested for disconnection of electricity. The 3 rd respondent-Assistant Engineer, KSEBL issued Ext.P8 notice to the petitioner. The petitioner therefore submitted Ext.P9 reply.
5. When the shop was temporarily closed for renovation in the month of January, 2024, the electricity supply to the shop premises was disconnected by respondents 2 and 3 alleging that there was electricity arrears of ₹1,58,555/-. The petitioner states that he was always ready to remit the electricity dues and that he was never issued with any notice of disconnection. Though the petitioner approached the 3 rd respondent for getting electricity connection restored, the respondents have not resumed power supply. The petitioner therefore seeks to direct respondents 2 and 3 to restore the electricity supply to the premises in question.
W.P.(C) No.6766/2024:6:
6. Respondents 1 to 3 resisted the writ petition. The respondents submitted that the electricity connection was granted to the 5th respondent on 25.05.2007. The petitioner was served with a regular current bill for an amount of ₹58,698/- on 01.12.2023 as per Ext.R1(b). As electricity dues were not remitted within the stipulated time, the supply was disconnected on 09.01.2024. Respondents 1 to 3 would submit that when the officers went to the premises on 17.01.2024, the building door was found locked. The electricity connection was hence dismantled.
7. The 5th respondent also resisted the writ petition. The 5th respondent admitted a lease agreement in favour of the petitioner made in the year 2016. However, the 5 th respondent contended that the petitioner forged a lease agreement in the year 2021. A criminal case is pending in this regard. A Rent Control Petition is also pending.
8. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondents 1 to 3 and the learned counsel representing respondents 4 and 5. W.P.(C) No.6766/2024 :7:
9. The petitioner would urge that the electric supply was disconnected at the request of respondents 4 and 5. The electricity bill arrears was of ₹1,58,555/-. Respondents 1 to 3 held a security deposit of ₹1,57,000/-. The 5 th respondent requested respondents 1 to 3 to adjust the bill amount from the security deposit and paid the balance deficit amount. The petitioner states that he was always prepared to remit the electricity dues and he was never issued with any notice of disconnection.
10. It is clear from the pleadings and arguments that the electricity bills were issued by respondents 1 to 3 in the name of the consumer. Bill amounts of ₹58,698/- and ₹1,00,281/- remained unpaid. After serving notice, the power supply was disconnected on 09.01.2024.
11. Respondents 1 to 3 would submit that the 5 th respondent applied for dismantling of electricity connection. On 01.01.2024 and 17.01.2024, the officers of the KSEBL found the premises closed. Regulation 146 of the Kerala Electricity Supply Code, 2014 provides that in case the W.P.(C) No.6766/2024 :8: consumer requests for disconnection of supply or for dismantling of service, while the supply is being utilised and paid for by a lawful occupier of the premises, the supply shall not be disconnected and service shall not be dismantled.
12. In the case of the premises in question, the KSEBL authorities found the premises closed on 01.01.2024 and consequent to the default in payment of electricity charges, power was disconnected on 09.01.2024. Thereafter, the 5th respondent applied for dismantling of electricity supply. When the KSEBL officers visited the premises on 17.01.2024, again the premises was found closed. As requested by the petitioner, electric supply was dismantled on 17.01.2024. A reading of Regulation 146 would indicate that for the Regulation to apply, the supply should be seen utilised and paid for by a lawful occupier. In the case of the petitioner, the KSEBL found the supply being not utilised by the lawful occupier. Therefore, I find that the action of respondents 1 to 3 in disconnecting electric supply and dismantling the electric connection is justified. W.P.(C) No.6766/2024 :9:
The writ petition is without any merit and it is consequently dismissed.
Sd/-
N. NAGARESH, JUDGE aks/14.05.2024 W.P.(C) No.6766/2024 : 10 : APPENDIX OF WP(C) 6766/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT OF LEASE DATED 17.5.2021 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 29.5.2021 IN FORM GST REG-06 ISSUED TO THE PETITIONER FOR PULIMOOTTIL TEXTILES.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 4.1.2022 IN W.P.(C) 19774/2021 OF THIS HONORUABLE COURT.
Exhibit P4 TRUE COPY OF THE LICENCE DATED 15.3.2023 ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE ORDER DATED 22.12.2022 IN CRL.M.A. NO. 1/2022 IN CRL.M.C. 9418/2022 OF THIS HONOURABLE COURT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 15.12.2022 IN W.P.(C) 40071/2022 OF THIS HONORUABLE COURT.
Exhibit P7 TRUE COPY OF THE ORDER DATED 5.2.2022 IN I.A. 1/2021 IN O.S. 971/2021 ON THE FILES OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM Exhibit P8 TRUE COPY OF THE COMMUNICATION NO.
DV/18-19/PTCHA/180 DATED 21.3.2019 ISSUED BY THE 3RD RESPONDENT TO THE PROPRIETOR, MAHARAJA TEXTILES.
Exhibit P9 TRUE COPY OF THE EXPLANATION DATED 23.3.2019 SUBMITTED BY SUBIN. R, THE SON OF THE PETITIONER BEFORE THE 3RD RESPONDENT.
W.P.(C) No.6766/2024: 11 : Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 13.2.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 15.2.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER DATED 12.2.2024 IN I.A. 2/2024 IN O.S. 208/2024 ON THE FILES OF III-ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM.
Exhibit P13 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE EXISTENCE OF ELECTRIC METER IN THE PREMISES OF THE PETITIONER.
Exhibit P14 TRUE COPY OF THE PAYMENT RECEIPT DATED 22.2.2024 ISSUED FROM DYNA STUDIO FOR TAKING THE PHOTOGRAPHS.
RESPONDENTS' EXHIBITS Exhibit-R1-A A TRUE COPY OF THE CONSUMER PROFILE, AS RECORDED AND MAINTAINED ON KSEBL'S ORUMANET SOFTWARE, ACCESSED ON 26-02- 2024.
Exhibit-R1-B A TRUE COPY OF THE DEMAND-CUM-
DISCONNECTION NOTICE ISSUED TO THE CONSUMER ON 01-12-2023.
Exhibit-R1-C A TRUE COPY OF THE REQUEST MADE BY THE 5TH RESPONDENT ON 17-01-2024.
Exhibit-R1-D A TRUE COPY OF THE FINAL BILL DATED 17.01.2024 ISSUED TO THE 5TH RESPONDENT-CONSUMER.
Exhibit R5(a) A TRUE COPY OF THE AGREEMENT DATED 08/06/2020 FOR THE ACKNOWLEDGMENT OF RENT ARREARS FOR THE PREVIOUS YEARS. Exhibit R5(b) A TRUE COPY OF THE ALLEGED FORGED AGREEMENT DATED 17/05/2021.
Exhibit R5(c) A TRUE OF THE CHARGE SHEET IN CRIME NO
1058/2021 OF CANTONMENT POLICE
STATION.
Exhibit R5(d) A TRUE COPY OF THE STATEMENT GIVEN BY
THE RAM UNDER SECTION 161 OF CRPC IN
CRIME NO 1058/2021.
W.P.(C) No.6766/2024
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Exhibit R5(e) A TRUE COPY OF THE STATEMENT GIVEN BY
THE VINEETH V.R NAIR UNDER SECTION 161 OF CRPC IN CRIME NO 1058/2021.
Exhibit R5(f) A TRUE COPY OF THE CASE DETAILS OF RCP NO.81/2022 BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM.
Exhibit R5(g) A TRUE COPY OF THE PLAINT IN OS NO 208/2024 BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM.