Educare Charitable Trust vs The State Of Kerala
2021 Latest Caselaw 15519 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                        THE HONOURABLE MR. JUSTICE A.M.BADAR

               FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943

                              WP(C) NO. 14019 OF 2021

PETITIONER:

               EDUCARE CHARITABLE TRUST,
               COLLEGE ROAD, CHATTIPARAMBA, MALAPPURAM DISTRICT-676 504,
               REPRESENTED BY ITS MANAGING TRUSTEE,
               K.M.NAZER,
               AGED 60 YEARS,
               S/O.MOITHU HAJI,
               KILIYAMANNIL HOUSE, CHATTIPARAMBA P.O., KODUR PANCHAYTH,
               PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-676 504.
               BY ADVS.
               JAMSHEED HAFIZ
               K.K.NESNA


RESPONDENTS:

     1         THE STATE OF KERALA,
               REPRESENTED BY SECRETARY TO THE POWER DEPARTMENT,
               THIRUVANANTHAPURAM (PO), PIN-695 001.
     2         THE KERALA STATE ELECTRICITY BOARD LTD.,
               REPRESENTED BY SECRETARY, VYDYUTHI BHAVANAM, PATTOM P.O.,
               THIRUVANANTHAPURAM, PIN-695 004.
     3         SENIOR SUPERINTENDENT,
               KERALA STATE ELECTRICITY BOARD LTD., CHATTIPARAMBA,
               MALAPPURAM DISTRICT-4.
     4         THE ASSISTANT EXECUTIVE ENGINEER,
               KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SUB DIVISION,
               CHATTIPARAMBA, DOWN HILL P.O., MALAPPURAM DISTRICT-676 519.
     5         SPECIAL OFFICER (REVENUE),
               THE KERALA STATE ELECTRICITY BOARD LTD.,
               OFFICE OF THE SPECIAL OFFICER (REVENUE), VYDYUTHI BHAVANAM,
               PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004.


               R1 BY SRI.RON BASTIA, GOVERNMENT PLEADER,
               R2-5 BY SRI.SUDHEER GANESH KUMAR,STANDING COUNSEL ,KSEB



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14019 OF 2021

                                         2




                                  JUDGMENT

Dated this the 23rd day of July 2021

Heard both sides.

2. According to the learned counsel for the

petitioner, the petitioner has remitted an amount of

Rs.2,94,518/-,(Rupees Two Lakhs Ninety Four Thousand

Five Hundred Eighteen Only),ie. balance electricity

charges payable by the petitioner in pursuant to the

judgment of the Hon'ble Apex Court in the matter of

tariff applicable to the self financing institutions.

However, according to the learned counsel for the

petitioner, the petitioner be shown leniency in

payment of interest.

3. The learned Standing Counsel appearing for

the respondents submits that the issue involved in the

instant petition is already covered by the judgment of

this Court in W.P.(C) No.17434 of 2020 between

Southern College of Engineering and Technology v.

Kerala State Electricity Board decided on 24-08-2020.

4. I have considered the submissions so

advanced and perused the materials placed before WP(C).No.14019 OF 2021

me. The petitioner is challenging the interest

levied by the respondent Board and is praying for

waiving the same by showing a lenient treatment.

5. This Court in the matter of Southern College

of Engineering and Technology (Supra) has held thus in

para 4 of the judgment as follows:

'On a consideration of the facts and

circumstances of the case and submissions

made across the bar, I am not persuaded to

agree with the contention of the learned

counsel for the petitioner that he must be

granted a waiver of interest for the period

when the High Court judgment was in his

favour, till its reversal by the Supreme

Court. In my view, while the pendency of

the appeal before the Supreme Court,

pursuant to a favorable judgment from the

High Court, only suspended the requirement

of payment of arrears to the respondent,

who emerged the ultimate victor in the WP(C).No.14019 OF 2021

litigation, the petitioner became liable to

pay the interest component that accrued on

the arrear amount once the Supreme Court

reversed the judgment of the High Court.

This is more so because the interest

component is compensatory in nature, and

one intended to compensate the respondent

for the delay in receiving payments that

are due to it. On the judgment of the

Supreme Court reversing the judgment of the

High Court, the respondent Board became

entitled to the entire amount of arrears

together with interest thereon.'

In the light of the ratio of judgment of this

Court in the matter of Southern College of Engineering

and Technology (supra), the petition is dismissed.

Sd/-

A.M.BADAR JUDGE

SSK/23/07 WP(C).No.14019 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT DATED 06.03.2020 WITH TRANSLATION.

Exhibit P2 A TRUE COPY OF THE DEMAND DRAFT NO.963070 OF RS.2,94,518/-

DATED 02.05.2020 ALONG WITH REPRESENTATION DATED 07.05.2020.

Exhibit P3 A TRUE COPY OF THE DEMAND NOTICE UNDER REGULATION 134 OF KERALA ELECTRICITY SUPPLY CODE 2014 ISSUED BY THE 5TH RESPONDENT DATED 18.02.2021.

RESPONDENT'S EXHIBITS:NIL


SSK                      //TRUE COPY//                  PA TO JUDGE