Kerala High Court
Hotel Harbour View Residency Pvt ... vs Kerala State Electricity Board ... on 27 January, 2021
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.2016 OF 2021(B)
PETITIONER:
HOTEL HARBOUR VIEW RESIDENCY PVT LTD.,
OPPOSITE COCHIN SHIPYARD, ERNAKUOLAM, PIN 682 015 REPRESENTED
BY ITS MANAGING DIRECTOR, BABU C GEORGE
BY ADVS.
SRI.K.S.HARIHARAN NAIR
SRI.ANZIL SALIM
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM PIN 695 004
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
2 THE DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL CIRCLE,
ERNAKULAM
3 THE SPECIAL OFFICER (REVENUE)
KEERALA STATE ELECTRICITY BOARD LTD, VYDYUTHIBHAVANAM,
PATTOM, THIRUVANANTHAPURAM PIN 695 004
4 THE ASSISTANT ENGINEER,
KERALA STATE ELECTRCIITY BOARD LTD, ELECTRICAL SECTION,
COLLEGE, ERNAKULAM 682 011
OTHER PRESENT:
SRI.SUDHEER GANESH
SRI.N.SATHEESH
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.2016 OF 2021(B)
2
JUDGMENT
The petitioner, which is a Private Limited Company stated
to be engaged in the business of hospitality, has approached this
Court impugning Ext.P3 proceedings of the Kerala State
Electricity Board Limited (KSEB), as per which, their request for
remitting certain arrears of charges for electric consumption has
been granted, allowing them to do so in only four installments.
2. The specific case of the petitioner is that, through
Ext.P2 request, they had approached the KSEB seeking
permission to pay off the amounts in 8 installments and that they
had, in order to prove their bona fides, remitted an amount of
Rs.10 lakhs on 05.01.2021. The petitioner says that, however,
when Ext.P3 order was issued, this payment of Rs.10 lakhs has
not been reflected therein; while they have been asked to pay off
the outstanding in four installments, commencing from
25.01.2021, even though the said order is dated 19.01.2021 and
was received by them much later. They, therefore, pray that
Ext.P3 be set aside and the KSEB be directed to reconsider
Ext.P2 as also their subsequent Ext.P4 representation, after
taking note of all these factors.
WP(C).No.2016 OF 2021(B)
3. In response, Sri.N.Satheesh, learned Standing
Counsel for the KSEB, initially sought time to obtain instructions
in this matter, but on being pointedly asked about Ext.P3,
submitted that the Board will reconsider the matter, taking note
of the assertion of the petitioner that Rs.10 lakhs had been paid
on 05.01.2021 and that they have not been afforded sufficient
time to pay off the installments, going by the arrangement as
ordered therein. Sri.N.Satheesh, also submitted that if the
petitioner is able to convince the Authorities, appropriately, their
request for a few more installments can be considered; however,
that this will be subject to thier entitlement and subject to them
proving their bona fides. He then prayed that this Court,
however, make an affirmative declarations in favour of the
petitioner, since the KSEB is also going through extreme
financial crisis and all consumers are taking refuge under the
COVID-19 pandemic restrictions, in seeking that they be given
time to even pay off the current electricity charges.
4. I find substantial force in the afore submissions of
Sri.N.Satheesh and am, therefore, of the view that the KSEB
cannot be directed by this Court to grant the reliefs as has been
WP(C).No.2016 OF 2021(B)
sought for by the petitioner at the first instance. The petitioner
certainly will have to approach the KSEB and prove their bona
fides, if they are entitled to any further reliefs. I am therefore, of
the firm opinion that Ext.P2 and Ext.P4 requests of the petitioner
will require to be reconsidered by the KSEB, after affording an
opportunity of being heard to them also.
In the afore circumstances, I order this writ petition and
set aside Ext.P3; with a consequential direction to the KSEB or
its competent Authority, to hear the petitioner and take a fresh
decision on Exts.P2 and P4, specifically adverting to their
assertion that they have remitted Rs.10 lakhs on 05.01.2021
(which, prima facie, I cannot see to have been reflected in Ext.P3
order) and that they require a few more installments to pay off
the balance.
The afore exercise shall be completed by the KSEB as
expeditiously as is possible but not later than one month from
the date of receipt of a copy of this judgment.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.2016 OF 2021(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 3-3012-2020
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 06-01-2021
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 19-01-2021
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 22-01-2021
