Elappully Grama Panchayath vs The Deputy Chief Engineer
2021 Latest Caselaw 22320 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24543 OF 2021
PETITIONER:

          ELAPPULLY GRAMA PANCHAYATH
          REP.BY ITS SECRETARY, ELAPPULLY P.O., PALAKKAD DISTRICT
          678 622
          BY ADVS.
          RAJESH SIVARAMANKUTTY
          A.P.BEELAMMA
          K.VIJINA
          ARUL MURALIDHARAN


RESPONDENTS:

    1     THE DEPUTY CHIEF ENGINEER
          ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD,
          CIVIL STATION, PALAKKAD 678 001
    2     THE ASSISTANT ENGINEER,
          ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD,
          WALAYAR, PALAKKAD DISTRICT 678 624
    3     THE ASSISTANT EXECUTIVE ENGINEER
          (ASSESSING OFFICER, ELECTRICAL SUB DIVISION,
          KANJIKODE), OFFICE OF THE ASST. EXECUTIVE ENGINEER,
          KERALA STATE ELECTRICITY BOARD, KANJIKODE, PALAKKAD
          DISTRICT 678 623
    4     THE DEPUTY TAHSILDAR
          REVENUE RECOVERY, CIVIL STATION COMPLEX, PALAKKAD
          TALUK, PALAKKAD 678 001
    5     THE VILLAGE OFFICER
          ELAPPULLY -I VILLAGE, ELAPPULLY, PALAKKAD DISTRICT 678
          622
    6     KANNAN
          AGED 41 YEARS
          S/O.KESAVAN, CONVENOR, MELAPOKKANTHODU - KOUSHAPARA
          DRINKING WATER BENEFICIARY COMMITTEE, MELEPOKKANTHODU,
          ELAPPULLY VILLAGE, PALAKKAD DISTRICT 678 556
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24543 OF 2021
                                    2




                  BECHU KURIAN THOMAS, J
               ................................................
                W.P.(C) NO.24543 OF 2021
                ...........................................
        Dated this the 9th day of November, 2021

                            JUDGMENT

This writ petition is filed challenging Ext.P8 order

issued by the Assistant Executive Engineer pursuant to

directions issued by this Court in W.P.(C) No.17037 of 2019.

2. A scheme to provide drinking water to various

areas within the territory of the petitioner was carried out

and implemented through a Beneficiary Committee under the

convenorship of the 6th respondent. The electricity charges

for effecting the scheme was imposed upon the Panchayat.

Challenging such imposition the Panchayat approached this

Court in W.P.(C) No.17037 of 2019. This Court directed the

Assistant Executive Engineer to take a decision. The third

respondent thus heard the parties and issued Ext.P8 order

holding that the Grama Panchayat is the registered consumer

who is the authority liable for the electricity arrears. It was WP(C) NO. 24543 OF 2021

also observed that the demand issued requires a revision

since the electric connection must be deemed to have been

dismantled on 23-09-2015.

3. In Ext.P8, 3rd respondent thus concluded that the

liability for payment of electricity dues primarily fell upon the

petitioner.

4. The present writ petition is preferred on various

grounds including reference to a Government Order No.40/20

of the Planning Department dated 31/3/2004, wherein the

liability for payment of electricity charges are claimed to be

specifically imposed upon the Beneficiary Committee and not

on the Panchayat. The learned counsel for the petitioner

Adv.Rajesh Sivaramankutty contends that, in view of Ext.P1

agreement, a copy of which was communicated to the

Electricity Board by letter dated 15/9/2006 as evidenced by

Ext.P2, petitioner ought to have been absolved of the liability

for payment of electricity charges or its arrears.

5. I have heard the learned counsel for the

petitioner as well as Adv.N.Satheesh, the learned Standing WP(C) NO. 24543 OF 2021

Counsel for the respondents 1 to 3 and Adv.Sabeena P.Ismail,

the learned Government Pleader on behalf of respondents 4

and 5. In view of the nature of order I propose to pass notice

to be 6th respondent can be dispensed with.

6. Admittedly, petitioner is the consumer before the

Electricity Board for the electric connection through which

electric supply was utilised for providing drinking water. The

liability for payment of electricity charges on account of

consumption of electricity by any person falls upon the

consumer, irrespective of who all benefited by the usage of

electricity.

7. Ext.P1 is a private agreement entered into

between petitioner Panchayat and the 6th respondent as the

Convener of the Beneficiary Committee. It can also be

noticed that, 6th respondent has no personal liability to pay

the charges as stipulated in Ext.P1 dehors the committee. 6th

respondent was only heading the Committee. All aspects of

liability that arose under the private agreement, even if it

was based upon the Government Order of 2004 has been WP(C) NO. 24543 OF 2021

discussed in detail in Ext.P8 order. On a consideration of the

contentions raised, I find that the Electricity Board had no

privity of contract with the 6th respondent, even on account of

Ext.P1 agreement. In fact, Ext.P1 was executed only

between petitioner and 6th respondent on behalf of

Committee. In view of the statutory liability fixed upon every

consumer to pay the electricity charges due from it on

account of consumption of electricity, there is no perversity or

illegality in Ext.P8 order.

8. Therefore, the contentions raised by the

petitioner has no merit, warranting any interference by this

Court. However, petitioner's right, if any, to approach the

proper forum to recover the electricity charges paid by it,

from the person liable under law, shall not be curtailed by this

judgment.

With the above observations this writ petition is

dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 24543 OF 2021

APPENDIX OF WP(C) 24543/2021

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 6TH RESPONDENT AND THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER DATED 15.9.2006 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 34 OF THE REVENUE RECOVERY ACT DATED 26.4.2019 ISSUED BY THE 4TH RESPONDENT THROUGH THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE DEMAND NOTICE UNDER SECTION 7 OF THE REVENUE RECOVERY ACT DATED 26.4.2019 ISSUED BY THE 4TH RESPONDENT THROUGH THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE CURRENT CHARGE ARREAR DETAILS APPENDED ALONG WITH EXHIBIT P-3 AND P-4. FOR CONSUMER NO.12064 (NEW CON. NO.1168192005754)

Exhibit P6 TRUE COPY OF THE REPRESENTATION DT.

6.6.2019 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 12.7.2019 PASSED IN W.P.(C) NO.17037/2019 PASSED BY THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE ORDER DATED 13.12.2019 ALONG WITH THE COVERING LETTER DATED 1.10.2021 ISSUED BY 3RD RESPONDENT TO PETITIONER.

RESPONDENT'S EXHIBITS : NIL


AJM                    //TRUE COPY//             PA TO JUDGE