Betty Biju vs The Deputy Chief Engineer
2021 Latest Caselaw 4107 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE A.M.BADAR

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      WP(C).No.2906 OF 2021(K)


PETITIONER:

              BETTY BIJU
              AGED 41 YEARS
              MANAGING PARTNER, PULIYANANICKAL GRANITES,
              PULIYANANICKAL HOUSE, ARAKULAM P.O., KUDAYATHUR,
              IDUKKI DISTRICT, PIN - 685 591.

              BY ADV. SRI.GEORGEKUTTY MATHEW

RESPONDENT:

              THE DEPUTY CHIEF ENGINEER
              KSEB, THODUPUZHA, PIN - 685 584.




              SC- SATHEESH NEELAKANDAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2906 OF 2021(K)

                                    2

                               JUDGMENT

Dated this the 4th day of February 2021

Heard both sides.

2. Petitioner is a proprietor of a metal crusher unit. She is a

consumer of the respondent. It is her case that because of Covid 19

pandemic, the unit was closed during the period of lockdown and now

also functioning of the unit is very limited because of shortage of raw

materials. The petitioner therefore prays for installments in clearing

bills of electric consumption charges for the month from February

2020 to December 2020.

3. The learned counsel for the petitioner argued that for the

reason stated in the petition, the petitioner could not pay regular

electric bills and she is praying for 12 equated monthly installments

for clearing the dues of electric consumption charges. The learned

counsel for the respondent opposed the petition and contended that if

the petitioner wants installments for clearing the dues, then those

installments shall not exceed six in number, because the Electricity

Board is also suffering from financial crunch.

4. I have considered the submissions so advanced and

perused the materials placed before me, including the demand notice,

at Ext.P1 issued by the Electricity Board reflecting outstanding amount WP(C).No.2906 OF 2021(K)

of electric consumption charges to the tune of Rs.17,75,597/-.

5. Keeping in mind the fact that the industrial unit was closed

during the period of lockdown and the financial crisis suffered by the

industrial units due to Covid-19 pandemic, the petition is disposed of

with the following directions.

6. Petitioner to clear the entire dues of consumption of

electricity in eight equated monthly installments commencing from

01.03.2021 apart from regular payment of electric charges for current

bills. In case of single default, the respondent Board shall be entitled

to continue with the proceedings for recovery of arrears of electric

charges from . No further extension of time for clearing the dues will

be granted to the petitioner for complying with this order.

Sd/-

A.M.BADAR Nsd //true copy// JUDGE PA to Judge WP(C).No.2906 OF 2021(K)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BILL NO.210281184478 DATED 14/12/2020 ISSUED BY KSEB WITH REGARD TO THE CRUSHER UNIT OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED ON 02/02/2021.