S.R.Educational And Charitable ... vs Kerala State Electricity Board ...
2021 Latest Caselaw 2882 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.1202 OF 2021(A)


PETITIONER:

               S.R.EDUCATIONAL AND CHARITABLE TRUST
               REGISTRATION NO.IV/61/2002,DIVYA PRABHA,
               MARAPPALAM,PATTOM,THIRUVANANTHAPURAM,
               PIN-695004,
               REPRESENTED BY ITS CHAIRMAN AND AUTHORISED SIGNATORY,
               MR.R.SHAJI, AGED 66 YEARS,BUSINESS,
               SON OF LATE S.RAGHAVAN,DIVYA PRABHA,
               MARAPPALAM, PATTOM,
               THIRUVANANTHAPURAM,PIN-695004.

               BY ADVS.
               SRI.C.MURALIKRISHNAN (PAYYANUR)
               SRI.ABRAHAM GEORGE JACOB
               SHRI.AKSHAY R

RESPONDENTS:


      1        KERALA STATE ELECTRICITY BOARD LIMITED
               REPRESENTED BY ITS SECRETARY,
               VYDYUTHI BHAVANAM,PATTOM,
               THIRUVANANTHAPURAM,PIN-695004.

      2        CHAIRMAN AND MANAGING DIRECTOR,
               KERALA STATE ELECTRICITY BOARD LIMITED,
               VYDYUTHI BHAVANAM,PATTOM,
               THIRUVANANTHAPURAM,PIN-695004.

      3        THE EXECUTIVE ENGINEER,
               ELECTRICAL DIVISION,ATTINGAL,
               KERALA STATE ELECTRICITY BOARD LIMITED,
               ATTINGAL,THIRUVANANTHAPURAM,
               PIN-695001.

      4        CHIEF EXECUTIVE OFFICER,
               ELECTRICATION SECTION,
               KERALA STATE ELECTRICITY BOARD LIMITED,
               VAKKOM,
               SANGHAM JUNCTION,VAKKOM.P.O
               THIRUVANANTHAPURAM,PIN-695308.
 WP(C).No.1202 OF 2021(A)
                               2

      5      CHIEF EXECUTIVE OFFICER,
             DISTRICT DISASTER MANAGEMENT AUTHORITY,
             THIRUVANANTHAPURAM,
             VIKAS BHAVAN,P.O,
             OBSERVATORY HILLS,
             OPPOSITE KANAKAKKUNNU PALACE,
             NANTHANCODU,THIRUVANANTHAPURAM,
             KERALA-695033.

      6      CHERUNNIYAR GRAMA PANCHAYATH,
             CHERUNNIYUR.P.O,
             VARKALA TALUK,
             THIRUVANANTHAPURAM,PIN-695142,
             REPRESENTED BY ITS SECRETARY.



             DR THUSHARA JAMES (GP)
             SRI.SUDHEER GANESHKUMAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1202 OF 2021(A)
                                    3


                               JUDGMENT

Dated this the 27th day of January 2021

The S.R.Educational & Charitable Trust, which is

registered under the provisions of the Trust Act, has approached

this Court impugning Exts.P5 to P13 invoices granted to them by

the Kerala State Electricity Board (KSEB) and they say that the

demand made is illegal and arbitrary, particularly on account of

the Covid 19 pandemic disruptions. The petitioner however,

alternatively prays that they may be allowed to pay off the

amounts covered by these invoices in 30 monthly instalments as

requested in Ext.P14.

2. In response to the afore-submissions of Sri.Muralee

Krishnan, learned counsel for the petitioner, the learned

Standing Counsel for the KSEB-Sri.Sudheer Ganeshkumar

submitted that the present amount due from the petitioner is

Rs.47,79,948/, - however, confirming that the petitioner has

paid Rs.8,94,828/-, as per the interim order of this Court dated

22.01.2021. He then submitted that the Board is willing to WP(C).No.1202 OF 2021(A)

accede to the request of the petitioner for instalments if they

pay substantial amounts and liquidate the entire liability in not

more than 1o or 11 instalments.

3. On hearing Sri.Sudheer Geneshkumar as afore,

Sri.Muralee Krishnan submitted that his client will pay another

amount of Rs.5,00,000/- within two week, and thus prayed that

they may be allowed to pay off the balance amount in, at least, 15

monthly instalments. He also prayed that the electric connection

be directed to be restored to his client, especially because the

Educational Institution is now functioning and the students will

otherwise be put to irreparable detriment.

4. When I consider the afore-submissions, it is obvious

that a balance between the rival interests can be obtained if the

petitioner is directed to pay some amount up front, leading to

electric connection being restored and consequently, permitting

them to pay off the balance outstanding in 10 or 11 instalments.

5. In the aforesaid circumstances, I order this writ

petition and direct the petitioner to remit an amount of

Rs.5,00,000/- on or before 29.01.2021; in which event, the WP(C).No.1202 OF 2021(A)

Board will restore the electric connection to them and they then

will be at liberty to pay off the balance amounts, which is stated

to be Rs.47,79,948/- as on today, in 11 equal monthly

instalments commencing from 26.01.2021.

Needless to say, if the petitioner continues to make

payments as ordered in this judgment, the KSEB will not

disconnect their electric supply; however, making it clear that

they will also be liable to make payment of the current electric

charges in future without default.

Sd/-

DEVAN RAMACHANDRAN JUDGE dlk/27.01.2021 WP(C).No.1202 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 16.06.2020 ISSUED BY THE 5TH RESPONDENT DIRECTING THE PETITIONER TO HANDOVER THE BUILDINGS FOR COVID-19 MIGATION OF OPERATIONS.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26.05.2020 ISSUED BY THE DISTRICT MEDICAL OFFICER,HEALTH,THIRUVANANTHAPURAM TO HAND OVER THE ENTIRE FACILITY OF THE INSTITION FOR COVID-19 MITIGATION OPERATIONS.

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 23.06.2020 MADE BY THE 6TH RESPONDENT TO HANDOVER THE COLLEGE HOSTELS.

EXHIBIT P3(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P3.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 26.09.2020 ISSUED BY THE HEALTH INSPECTOR,CHERUNIYUR TO THE PETITIONER.

EXHIBIT P4(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P4.

EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE DATED 12.08.2020 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P5(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P5.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 22.12.2020 ISSUED BY 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P6(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P6.

EXHIBIT P7 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBERS 4530210100129 DATED 01.01.2021 ISSUED BY OFFICE OF 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBER 4530200908341 WP(C).No.1202 OF 2021(A)

DATED.16.09.2020 ISSUED BY OFFICE OF 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBER 4530210100128 DT.01.01.2021 ISSUED BY OFFICE OF 1ST RESPONDENT

EXHIBIT P10 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBER 4530201104118 DT.10.11.2020 ISSUED BY OFFICE OF 1ST RESPONDENT

EXHIBIT P11 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBER 4530200900655 DT.02.09.2020 ISSUED BY OFFICE OF 1ST RESPONDENT

EXHIBIT P12 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBER 4530201104120 DT.10.11.2020 ISSUED BY OFFICE OF 1ST RESPONDENT

EXHIBIT P13 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE BEARING NUMBER 4530200806277 DT.12.08.2020 ISSUED BY OFFICE OF 1ST RESPONDENT

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 08.01.2021 SUBMITTED BY THE PETITIONER TO RESPONDENT NUMBER 2,3 AND 4.

EXHIBIT P15 TRUE COPY OF THE ORDER ISSUED BY THE EXECUTIVE ENGINEER OF ELECTRICAL DIVISION MUVATTUPUZHA,KERALA ELECTRICITY BOARD LIMITED TO M/S.ILAHIA TRUST,MUVATTUPUZHA (ILAHIA ARTS AND SCIENCE COLLEGE).

ANNEXURE 1 TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 22.01.2021 OF CONSUMER NO.1145305011495 FOR RS.4,67,232/-

ANNEXURE A2 TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 22.01.2021 OF CONSUMER NO.1145305011399 FOR RS.98,496/-

ANNEXURE A3 `TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 22.01.2021 OF CONSUMER NO.1145305011378 FOR RS.32,700/- WP(C).No.1202 OF 2021(A)

ANNEXURE A4 TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 22.01.2021 OF CONSUMER NO.1145305011400 FOR RS.27,356/-

ANNEXURE A5 TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 23.01.2021 OF CONSUMER NO.1145305011396 FOR RS.2,23,364/-

ABBEXURE A6 TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 23.01.2021 OF CONSUMER NO.1145305011398 FOR RS.149/-

ANNEXURE A7 TRUE COPY OF THE ONLINE PAYMENT RECEIPT DATED 23.01.2021 OF CONSUMER NO.1145305011495 FOR RS.45,532/-

ANNEXURE A8 THE TRUE COPY OF THE REQUEST DATED 23.01.2021 SUBMITTED TO 4TH RESPONDENT BY PETITIONER.