Kerala High Court
M/S. Delta M-Sand Private Limited vs Kerala State Electricity Board ... on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 7511 OF 2023
PETITIONER/S:
M/S. DELTA M-SAND PRIVATE LIMITED
AGED 46 YEARS
REGISTERED OFFICE AT VATTAKULAMALA ROAD,
ANAVOOR P.O, NEYYATTINKARA,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR
THOMAS PHILIP., PIN - 695124
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
IRSHAD K.K.
MUHAMMED SWADIQ
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
VYDUTHI BHAVAN, PATTOM POST,
THIRUVANANTHAPURAM- ., PIN - 695004
2 THE CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ELECTRICITY BOARD LIMITED,
VYDHUTHI BHAVAN, PATTOM POST,
THIRUVANANTHAPURAM - ., PIN - 695004
3 THE SPECIAL OFFICER (REVENUE)
KERALA STATE ELECTRICITY BOARD LIMITED,
VYDHUTHI BHAVAN, PATTOM POST,
THIRUVANANTHAPURAM- ., PIN - 695004
4 THE KERALA STATE ELECTRICITY REGULATORY COMMISSION
REPRESENTED BY ITS SECRETARY, CV RAMAN ROAD,
KPFC BHAVANAM, VELLAYAMBALAM,
OPPOSITE KERALA POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM-, PIN - 695001
WP(C) NO. 7511 OF 2023
2
BY ADVS.
VIPIN P VARGHESE
ADARSH MATHEW(KAR/2577/2015)
MERLINE MATHEW(K/001279/2022)
SREELEKSHMI G.(K/001918/2020)
CELINE JOHN(K/209/2022)
SRI RIJI RAJENDRAN SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 7511 OF 2023
3
JUDGMENT
The petitioner is a High Tension Industrial Consumer. An electric
connection was availed for the establishment and running of a crusher
unit. The functioning of the establishment was seriously impeded due to
the onset of the Covid-19 Pandemic as the establishment had to be shut
down. For various reasons, the quarry had to be closed down for almost
120 days. To provide a small respite to the HT Industrial Consumers,
Government came out with various measures, which included the grant of
interest rebate to the tune of 25%. As the petitioner was unable to remit
the dues on time, they approached the 1st respondent and submitted
Exhibit P5 representation. The same was considered, and Exhibit P6 was
issued by the 3rd respondent permitting the petitioner to remit the dues of
Rs. 1,55,12,907/- in 10 equal monthly installments. It was also specified
therein that interest at the rate of 18% per annum would be payable for
the balance from time to time. According to the petitioner, the imposition
of interest at the rate of 18% was on the higher side as other consumers
were granted the facility to clear off the amount with 6% interest. The
petitioner also contends that the respondents have not been granted the
benefit of interest waiver as ordered by the Government. In the said
WP(C) NO. 7511 OF 2023
circumstances, the petitioner approached the 1st respondent and
submitted Exhibit P10 representation seeking waiver of demand charges or
to waive the interest. The grievance of the petitioner is that the said
request has not been considered by the respondents. It is in the aforesaid
circumstances that the petitioner has approached this Court seeking the
following reliefs:
(i) Issue a writ of mandamus or any other writ or direction
commanding the respondents 1 to 3 to grant the benefit of waiver of
demand charges at 25% for the month of April, May and June of 2020
by way of either refunding the amounts with proportionate interest at
9% or adjusting the said amount in future amounts also reckoning the
interest at the rate aforesaid.
(ii) Issue a writ of mandamus or any other writ or direction
commanding the respondents 1 to 3 to grant the benefit of waiver of
demand charges at 25% for the month of May, 2021.
2. When the matter was taken up for consideration on 8.3.2023,
it was submitted by the learned senior counsel appearing for the petitioner
that though by Ext.P6 order, the petitioner herein was permitted to clear
off the total arrears amounting to Rs.1,55,12,907/- in 10 equal monthly
installments with interest at 18%, the petitioner managed to clear only
seven installments payable therein. Due to financial constraints, the
petitioner has defaulted on payment due for the month of January and
February. The tenth installment is due on 15.03.2023. According to the
WP(C) NO. 7511 OF 2023
learned counsel, the limited request at this stage is for issuance of
directions to the respondents to permit the petitioner to clear off the
amounts due for the month of January, February, and March on or before
31.05.2023. The learned counsel highlights the reasons which persuaded
the Government as well as the respondents to grant installments to
high-tension consumers like the petitioners herein owing to the impact of
the shutdown due to the Covid pandemic. The learned counsel also points
out that the 4th respondent has also issued Ext.P3 order wherein a
decision was granted to allow a rebate at the rate of 25% on a fixed
charge to industrial/commercial consumers. According to the learned
counsel, the benefit of Exts. P3 and P4 have not been extended to the
petitioner. Finally, it is submitted that the question of waiver of interest
can be left open to be adjudicated in other proceedings, and the limited
request at this stage is for consideration of the request of the petitioner to
grant time till 31.5.2023 to clear all outstanding.
3. The learned Standing Counsel appearing for the respondent
points out that though they have no serious objection in granting time till
31.05.2023, the fact remains that the petitioner is a defaulter and,
therefore, they are bound to pay the interest for the defaulted amount
when consolidated payment is made on 31.5.2023. It is further submitted
WP(C) NO. 7511 OF 2023
that the benefit of interest rebate granted by the Government has been
granted to the petitioner.
4. I have considered the submissions advanced.
5. Admittedly, by Ext.P6 order, the petitioner was permitted to
clear off the amounts due in 10 equal monthly installments. The petitioner
has managed to clear seven of them. The installments for the month of
January and February are pending. Having regard to the facts and
circumstances and the facts which led to the grant of installment facility to
the petitioner, I am of the considered opinion that the petitioner can be
granted time till 31.5.2023 to clear off the dues for the month of January
to March of 2023 and as ordered in Ext.P6.
Resultantly, this writ petition is disposed of by ordering as under:-
a) The respondents shall grant the petitioner time till 31.5.2023 to
pay the installments for the month of January, February, and March 2023
in terms of the conditions mentioned in Ext.P6.
b) The demand of the petitioner for waiver of interest is left open to
be raised in appropriate proceedings.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 7511 OF 2023
APPENDIX OF WP(C) 7511/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE
PETITIONER COMPANY DATED 18.02.2011
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 25/6/2018
Exhibit P3 THE TRUE COPY ORDER DATED 2/9/2021 IN OP NO. 34/2021
PASSED BY THE KERALA STATE ELECTRICITY REGULATORY
COMMISSION, THIRUVANATHAPURAM
Exhibit P4 THE TRUE COPY OF THE DECISION OF THE FULL BOARD DATED
02.07.2021
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER TO 2ND RESPONDENT DATED 26/5/2022
Exhibit P6 TRUE COPY OF THE PROCEEDINGS GRANTING INSTALMENT
FACILITY GRANTED TO THE PETITIONER DATED 27/5/2022
Exhibit P7 TRUE COPY OF THE ELECTRICITY BILL PERTAINING TO THE
MONTH OF APRIL 2020 DATED 2/5/2020
Exhibit P7 (a) TRUE COPY OF THE ELECTRICITY BILL PERTAINING TO THE
MONTH OF MAY 2020 DATED 2/6/2020
Exhibit P7 (b) TRUE COPY OF THE ELECTRICITY BILL PERTAINING TO THE
MONTH OF JUNE 2020 DATED 2/7/2020
Exhibit P8 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF DEMAND
CHARGES ALSO FOR THE MONTH OF APRIL DATED 21/8/2020
Exhibit P8 (a) TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF DEMAND
CHARGES ALSO FOR THE MONTH OF MAY 23/10/2020
Exhibit P9 THE TRUE COPY OF THE BILL DATED 3/5/2021
Exhibit P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT DATED 26/11/2022
