Kerala High Court
Perumalil Granites vs The Kerala State Electricity ... on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
WP(C) NO. 13870 OF 2021(G)
PETITIONER:
PERUMALIL GRANITES ARUNOOTTIMANGALA P.O., KOTTAYAM DISTRICT,
REPRESENTED BY THE MANAGING PARTNER, ALEX P.CYRIAC
RESPONDENTS:
1. THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS CHAIRMAN
AND MANAGING DIRECTOR, VIDYUTHI BHAVAN, PATTAM PALACE P.O.,
THIRUVANANTHAPURAM-695 004
2. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER KSEB,
VAIKOM, KOTTAYAM-686 141
3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, THALAYOLAPARAMBU,
KOTTAYAM-686 605
4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, PERUVA,
KOTTAYAM-686 610
5. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF POWER,
SECRETARIAT, THIRUVANANTHAPURAM-698 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to o stay all coercive steps based on Exhibit P7 and direct the
respondents to effect fresh connection based on Exhibit P5 application on
terms as dictated by this Hon'ble Court, pending disposal of this Writ
Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
15-07-2021 and upon hearing the arguments of M/s.K.C.VINCENT, P.S.GEORGE,
Advocates for the petitioner, SRI.N.SATHEESH,STANDING COUNSEL for R1 to
R4(B/o) and of GOVERNEMNT PLEADER for R5(B/o), the court passed the
following:
EXHIBIT P4:A TRUE COPY OF THE JUDGMENT DATED 11.02.2020 IN WA
NO.2175 OF 2019
EXHIBIT P5:A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION
DATED 07.06.2019
EXHIBIT P7: A TRUE COPY OF THE BILL DT 10.4.21 WITH ENGLISH
TRANSLATION
BECHU KURIAN THOMAS, J.
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WP(C) No. 13870 of 2021
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Dated this the 3rd day of September, 2021
ORDER
Admit.
Adv. N. Satheesh takes notice on behalf of respondents 1 to
4. The learned Government Pleader takes notice on behalf of the
5th respondent.
2. The petitioner challenges Ext.P7. However, it is
submitted that on account of the demand made in Ext.P7, the
petitioner is not being granted fresh electric connection pursuant
to Ext.P5 application. It is seen from Ext.P7 that a demand of
Rs.2,51,220/- is made towards fixed charge while a further
amount of Rs.4,57,610/- is made under the head "others s/c". The
petitioner disputes his liability to pay the latter of the aforesaid
amount.
3. The learned Counsel for the petitioner refers to the
judgment produced as Ext.P4 and contends that the aforesaid
amount is not liable to be paid by the petitioner, since the same
WP(C)No.13870 of 2021
partakes the alleged interest, that too for the period when the
demand was set aside.
I am prima facie, satisfied with the contentions raised as
above. The interest can accrue only after demand is made.
When the earlier demand was set aside and a fresh demand is
issued the interest can accrue only from the subsequent
demand.
In view of the above prima facie observations, there will
be a direction to the respondents 1 to 4 to accept the amount
of Rs.2,51,220/- demanded in Ext.P7 and process Ext.P5
application for the grant of fresh electric connection as sought
for. The demand in Ext.P7 under the head "others s/c Rs.
4,57,610/-", shall stand stayed for a period of six weeks. The
amount directed to be deposited above will be subject to the
result of this writ petiton.
Post on 08.10.2021.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ/03.09.2021
03-09-2021 /True Copy/ Assistant Registrar
