Bathel Plantations Pvt. Ltd vs Kerala State Electricity Board ...
2021 Latest Caselaw 11178 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8872 OF 2021(H)


PETITIONER:

               BATHEL PLANTATIONS PVT. LTD.
               1ST FLOOR, BETHEL TOWER, ABAN JUNCTION,
               PATHANAMTHITTA, KERALA, PIN-689645.
               REPRESENTED BY ITS AUTHORIZED SINGANTORY, MR. BINOD
               J. KULAKKATIL,
               AGED 51 YEARS, S/O K.I.KORAH.

               BY ADVS.
               SRI.V.B.HARI NARAYANAN
               SMT.SALIHA BEEVI P.A
               SMT.GAYATHRY.J

RESPONDENTS:

      1        KERALA STATE ELECTRICITY BOARD LTD
               VYDHYUTHY BHAVAN, PATTAM, THIRUVANANTHAPURAM, PIN-
               695004.
               REPRESENTED BY SECRETARY.

      2        SPECIAL OFFICER (REVENUE),
               KERALA STATE ELECTRICITY BOARD LTD,
               VYDHYUTHY BHAVAN, PATTAM, THIRUVANANTHAPURAM, PIN-
               695004.

      3        TAHSILDAR
               PEERUMEDCU TALUK OFFICE, PEERUMEDU, IDUKKI DISTRICT-
               685531.



               GP- SMT. POOJA SURENDRAN SC-SRI. SUDHEER GANESH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8872 OF 2021(H)

                                      2

                               JUDGMENT

Dated this the 7th day of April 2021

Heard the learned counsel for the petitioner.

2. She argued that because of Covid-19 pandemic, the petitioner

could not avail benefits of one time settlement and therefore, the petitioner

be permitted to pay the dues of electricity charges in instalments.

3. I have considered the submissions so advanced. The petitioner

had availed benefit of one time settlement scheme floated by Kerala State

Electricity Board and accordingly, the petitioner was permitted to pay the

dues of the Electricity Board in instalments as per the schedule annexed to

OTS order at Ext.P3. Undisputedly, the petitioner had failed to comply with

the schedule given for repayment. Last instalment was to be paid by the

petitioner by 20.06.2020.

It is thus clear that the petitioner had failed to avail the benefit of one

time settlement scheme as per the terms of this scheme. Resultantly,

revenue recovery proceedings are initiated by the Electricity Board for

recovery of the dues. No statutory right of the petitioner seems to be

infringed. The petition as such is devoid of merit and the same is accordingly

dismissed.

SD/-

Nsd //TRUE COPY// A.M.BADAR PA TO JUDGE JUDGE WP(C).No.8872 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE OTS DATED 31.01.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 A COPY OF THE LETTER DATED 12.12.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P3 A COPY OF THE ORDER B.O(FTD) NO.975/2019(SRO)/AMU.8/HTB18/1037/2019-20) DATED 31.12.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 A COPY OF THE DEMAND NOTICE DATED 27/02/2021 ISSUED BY THE 3RD RESPONDENT TOGETHER WITH ITS ENGLISH TRANSLATION.