Kerala High Court
Silver Strom Amusement Parks ... vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 20390 OF 2021
PETITIONER:
SILVER STROM AMUSEMENT PARKS (PVT.) LTD.
VETTILAPARA P.O., ATHIRAPALLY,
THRISSUR DISTRICT,
REP.BY ITS MANAGING DIRECTOR,
SHALIMAR A.J.,
S/O.IBRAHIM, AGED 52 YEARS,
RESIDING AT 'SHALIMAR', SOUTH NADA,
KODUNGALLUR, THRISSUR DISTRICT
BY ADVS.
BABU S. NAIR
SMITHA BABU
P.A.RAJESH
SHAMSEERA. C.ASHRAF
R.B.RAJESH
BHARATH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, PALAYAM,
TRIVANDRUM, PIN 695 001
2 THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT
DEPARTMENT OF TOURISM (C),
GOVERNMENT SECRETARIAT, PALAYAM,
TRIVANDRUM PIN 695 001
3 THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT,
PALAYAM, TRIVANDRUM PIN 695 001
4 THE KERALA STATE ELECTRICITY BOARD
REP.BY ITS CHAIRMAN, VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN 695 004
WP(C) NO. 20390 OF 2021
2
5 THE SPECIAL OFFICER (REVENUE)
KERALA STATE ELECTRICITY BOARD LTD.,
VYDHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM PIN 695 001
6 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, K.S.E.B., IRINJALAKKUDA,
THRISSUR DISTRICT, PIN 680 121
BY ADV G.KEERTHIVAS
JUSTIN JACOB - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20390 OF 2021
3
JUDGMENT
Petitioner is a company running an amusement park at
Athirapally in Thrissur District. As per the contract demand, had
been issued an electric connection of 360KVA. On the
aforementioned connection consumer is required to pay a sum of
Rs.1,18,800/- as minimum fixed charges every month. Owing to
the nationwide lockdown declared pursuant to the outbreak of
Covid 19 pandemic, all the entertainments industries like theaters,
amusement parks, tourist centers, convention centers, assembly
halls, shopping malls, gymnasiums were closed down. On account
of that the petitioner could not pay the fixed charges. There were
about 300 employees directly employed under the petitioner in
both water theme park as well as the snow park. The grievance of
the petitioner now is that vide Ext.P8 dated 07.09.2021 demand
has been raised for fixed charges from 02.04.2020 to 04.08.2021
amounting to Rs.41,13,899/-. It is contended that the said
demand has not taken into consideration, the order of the
Government dated 01.06.2020 whereby KSEB was directed to
allow rebate of 25% on fixed charges to HT connection holders for
WP(C) NO. 20390 OF 2021
the month of March, April, May, 2020 and also defer the payment
of balance fixed charges of 75% upto 15.12.2020 without levying
interest.
2. On the other hand, learned counsel appearing on behalf
of the KSEB submitted that the demand Ext.P8 is in accordance
with the order of the Government dated 01.06.2020 as it does not
contain the element of interest. Petitioner is liable to pay the
minimum fixed charges, otherwise consequential action of
disconnection and other remedies are inevitable.
3. I have heard the learned counsel for the parties and
appraised the paper book.
4. On perusal of the demand Ext.P8, it is not evident
whether the calculation of Rs.41,13,899/- includes the concession
of the rebate of 25% for the month of March, April and May 2020
and deferment of remaining 75% of December, 2022. Petitioner
ought to have been put a show cause notice before raising such
demand so that the calculation as reflected in Ext.P8 could be
either accepted or disputed. Accordingly, Ext.P8 is quashed.
Respondents are directed to afford an opportunity of hearing to
WP(C) NO. 20390 OF 2021
the petitioner with regard to the charging of fixed minimum
charges strictly by taking into consideration the order of the
Government dated 01.06.2020 providing the rebate of 25% and
deferment of the balance amount in accordance with law. Let this
exercise be undertaken within a period of two months.
It is also matter of record that during the pendency of the
writ petition a sum of Rs.15,00,000/- has been deposited by the
petitioner. The respondents shall also consider waving of the
interest during the period when the writ petition remained
pending. Till such time, no coercive measures shall be taken
against the petitioner. Writ petition stands disposed off.
Sd/-
AMIT RAWAL
JUDGE
nak
WP(C) NO. 20390 OF 2021
APPENDIX OF WP(C) 20390/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF HE ORDER ISSUED BY THE
GOVERNMENT OF KERALA AS G.O.(MS)
NO.13/2020/DMD DATED 26/3/2020
Exhibit P2 TRUE COPY OF THE ORDER NO.40-3/2020-DM-
1(A) OF THE MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA DATED, 17.5.2020
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 5TH
RESPONDENT DT, 28.7.2021
Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 6TH RESPONDENT -DEPUTY CHIEF
ENGINEER, DATED 17.8.2021
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE INDIAN ASSOCIATION OF AMUSEMENT
PARKS AND INDUSTRIES TO THE HON'BLE CHIEF
MINISTER OF KERALA, DT, 30.7.2021
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT SHOWING
THE RECEIPT OF EXHIBIT P5 AND FORWARDING
THE SAME TO THE RESPONDENTS DATED,
10.9.2021
Exhibit P7 TRUE COPY OF THE ORDER OF THE ENERGY
DEPARTMENT, GOVERNMENT OF KARNATAKA DT,
23.8.2021
Exhibit P8 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER DATED 7.9.2021 BY THE 5TH
RESPONDENT
