Kerala High Court
Radhakrishnan P. N vs The Kerala State Electricity Board Ltd, ... on 21 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 6766 OF 2024
PETITIONER:
RADHAKRISHNAN P.N
AGED 83 YEARS, S/O. NARAYANAN,
PUTHENVEEDU, KAVANADU P.O., KOLLAM - 691 003,
PRESENTLY RESIDING AT 'AVANI', RRA-E-74,
RISHIMANGALAM, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035.
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS:
1 THE KERALA STATE ELECTRICITY BOARD LTD,
REPRESENTED BY ITS SECRETARY
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004.
2 THE ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, PUTHENCHANTHA,
THIRUVANATHAPURAM, PIN - 695001.
3 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, PUTHENCHANTHA,
THIRUVANATHAPURAM, PIN - 695001.
4 RAJAN PILLAI FOUNDATION
NNC ESTATE, VADAKKEVILA P.O,
KOLLAM PIN - 691010
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
W.P.(C) No.6766/2024
:2:
5 THE EXECUTIVE DIRECTOR
RAJAN PILLAI FOUNDATION, NNC ESTATE,
VADAKKEVILA P.O, KOLLAM, PIN - 691010.
BY ADVS.
SRI.RIJI RAJENDRAN
SRI.P.T.MANOJ
SMT.JESTINA MARIAM JOSEPH
SMT.LITISHYA FRANCIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.6766/2024
:3:
N. NAGARESH, J.
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W.P.(C) No.6766 of 2024
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Dated this the 21st day of May, 2024
JUDGMENT
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The petitioner is aggrieved by the action of
respondents 1 to 3 in disconnecting the electricity supply to
his textile shop taken on rent from respondents 4 and 5.
2. The petitioner states that he has been conducting
textile business in the land and shed owned by the 4 th
respondent near the Government Secretariat,
Thiruvananthapuram. Respondents 4 and 5 demanded the
petitioner and his son to vacate the premises. As the
petitioner had spent more than ₹3.5 Crores for running the
textiles, the petitioner expressed his inability to vacate the
premises.
3. The petitioner states that respondents 4 and 5 did
not give consent to the petitioner for obtaining Trade Licence
from the local authority. The petitioner had to approach this
Court for issuance of Trade Licence. The 4 th respondent
thereafter filed a suit before the Munsiff's Court, Kollam for
recovery of possession. The suit is still pending.
Respondents 4 and 5 thereafter filed a complaint before the
police alleging that Ext.P1 agreement executed by them is a
forged document. This Court, in Crl.M.C. No.9418/2022,
stayed all further proceedings in the said complaint.
Respondents 4 and 5 thereafter filed another complaint
before the Assistant Commissioner of Goods and Service
Tax alleging that the petitioner has obtained GST registration
fraudulently. The GST authorities thereupon cancelled the
registration granted to the petitioner. This Court in W.P.(C)
No.40071/2022 has directed the Superintendent,
Commercial Tax Circle to reconsider the issue.
4. The petitioner then filed a suit for injunction OS
No.971/2021 before the Principal Munsiff's Court,
Thiruvananthapuram. The Munsiff's Court did not grant any
interim injunction. Thereafter, with the intention of somehow
pushing out the petitioner from the licensed premises, the 5 th
respondent requested for disconnection of electricity. The 3 rd
respondent-Assistant Engineer, KSEBL issued Ext.P8 notice
to the petitioner. The petitioner therefore submitted Ext.P9
reply.
5. When the shop was temporarily closed for
renovation in the month of January, 2024, the electricity
supply to the shop premises was disconnected by
respondents 2 and 3 alleging that there was electricity
arrears of ₹1,58,555/-. The petitioner states that he was
always ready to remit the electricity dues and that he was
never issued with any notice of disconnection. Though the
petitioner approached the 3 rd respondent for getting
electricity connection restored, the respondents have not
resumed power supply. The petitioner therefore seeks to
direct respondents 2 and 3 to restore the electricity supply to
the premises in question.
6. Respondents 1 to 3 resisted the writ petition. The
respondents submitted that the electricity connection was
granted to the 5th respondent on 25.05.2007. The petitioner
was served with a regular current bill for an amount of
₹58,698/- on 01.12.2023 as per Ext.R1(b). As electricity
dues were not remitted within the stipulated time, the supply
was disconnected on 09.01.2024. Respondents 1 to 3 would
submit that when the officers went to the premises on
17.01.2024, the building door was found locked. The
electricity connection was hence dismantled.
7. The 5th respondent also resisted the writ petition.
The 5th respondent admitted a lease agreement in favour of
the petitioner made in the year 2016. However, the 5 th
respondent contended that the petitioner forged a lease
agreement in the year 2021. A criminal case is pending in
this regard. A Rent Control Petition is also pending.
8. I have heard the learned counsel for the petitioner,
the learned Standing Counsel appearing for respondents 1 to
3 and the learned counsel representing respondents 4 and 5.
9. The petitioner would urge that the electric supply
was disconnected at the request of respondents 4 and 5.
The electricity bill arrears was of ₹1,58,555/-. Respondents
1 to 3 held a security deposit of ₹1,57,000/-. The 5 th
respondent requested respondents 1 to 3 to adjust the bill
amount from the security deposit and paid the balance deficit
amount. The petitioner states that he was always prepared
to remit the electricity dues and he was never issued with any
notice of disconnection.
10. It is clear from the pleadings and arguments that
the electricity bills were issued by respondents 1 to 3 in the
name of the consumer. Bill amounts of ₹58,698/- and
₹1,00,281/- remained unpaid. After serving notice, the power
supply was disconnected on 09.01.2024.
11. Respondents 1 to 3 would submit that the 5 th
respondent applied for dismantling of electricity connection.
On 01.01.2024 and 17.01.2024, the officers of the KSEBL
found the premises closed. Regulation 146 of the Kerala
Electricity Supply Code, 2014 provides that in case the
consumer requests for disconnection of supply or for
dismantling of service, while the supply is being utilised and
paid for by a lawful occupier of the premises, the supply shall
not be disconnected and service shall not be dismantled.
12. In the case of the premises in question, the
KSEBL authorities found the premises closed on 01.01.2024
and consequent to the default in payment of electricity
charges, power was disconnected on 09.01.2024.
Thereafter, the 5th respondent applied for dismantling of
electricity supply. When the KSEBL officers visited the
premises on 17.01.2024, again the premises was found
closed. As requested by the petitioner, electric supply was
dismantled on 17.01.2024. A reading of Regulation 146
would indicate that for the Regulation to apply, the supply
should be seen utilised and paid for by a lawful occupier. In
the case of the petitioner, the KSEBL found the supply being
not utilised by the lawful occupier. Therefore, I find that the
action of respondents 1 to 3 in disconnecting electric supply
and dismantling the electric connection is justified.
The writ petition is without any merit and it is
consequently dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/14.05.2024
APPENDIX OF WP(C) 6766/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT OF LEASE
DATED 17.5.2021 EXECUTED BETWEEN THE
PETITIONER AND THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 29.5.2021 IN FORM
GST REG-06 ISSUED TO THE PETITIONER
FOR PULIMOOTTIL TEXTILES.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
4.1.2022 IN W.P.(C) 19774/2021 OF THIS
HONORUABLE COURT.
Exhibit P4 TRUE COPY OF THE LICENCE DATED
15.3.2023 ISSUED BY THE CORPORATION OF
THIRUVANANTHAPURAM TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE ORDER DATED
22.12.2022 IN CRL.M.A. NO. 1/2022 IN
CRL.M.C. 9418/2022 OF THIS HONOURABLE
COURT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
15.12.2022 IN W.P.(C) 40071/2022 OF
THIS HONORUABLE COURT.
Exhibit P7 TRUE COPY OF THE ORDER DATED 5.2.2022
IN I.A. 1/2021 IN O.S. 971/2021 ON THE
FILES OF PRINCIPAL MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P8 TRUE COPY OF THE COMMUNICATION NO.
DV/18-19/PTCHA/180 DATED 21.3.2019
ISSUED BY THE 3RD RESPONDENT TO THE
PROPRIETOR, MAHARAJA TEXTILES.
Exhibit P9 TRUE COPY OF THE EXPLANATION DATED
23.3.2019 SUBMITTED BY SUBIN. R, THE
SON OF THE PETITIONER BEFORE THE 3RD
RESPONDENT.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
13.2.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
15.2.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER DATED 12.2.2024
IN I.A. 2/2024 IN O.S. 208/2024 ON THE
FILES OF III-ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM.
Exhibit P13 TRUE COPY OF THE PHOTOGRAPHS
EVIDENCING THE EXISTENCE OF ELECTRIC
METER IN THE PREMISES OF THE
PETITIONER.
Exhibit P14 TRUE COPY OF THE PAYMENT RECEIPT DATED
22.2.2024 ISSUED FROM DYNA STUDIO FOR
TAKING THE PHOTOGRAPHS.
RESPONDENTS' EXHIBITS
Exhibit-R1-A A TRUE COPY OF THE CONSUMER PROFILE,
AS RECORDED AND MAINTAINED ON KSEBL'S
ORUMANET SOFTWARE, ACCESSED ON 26-02-
2024.
Exhibit-R1-B A TRUE COPY OF THE DEMAND-CUM-
DISCONNECTION NOTICE ISSUED TO THE
CONSUMER ON 01-12-2023.
Exhibit-R1-C A TRUE COPY OF THE REQUEST MADE BY THE
5TH RESPONDENT ON 17-01-2024.
Exhibit-R1-D A TRUE COPY OF THE FINAL BILL DATED
17.01.2024 ISSUED TO THE 5TH
RESPONDENT-CONSUMER.
Exhibit R5(a) A TRUE COPY OF THE AGREEMENT DATED
08/06/2020 FOR THE ACKNOWLEDGMENT OF
RENT ARREARS FOR THE PREVIOUS YEARS.
Exhibit R5(b) A TRUE COPY OF THE ALLEGED FORGED
AGREEMENT DATED 17/05/2021.
Exhibit R5(c) A TRUE OF THE CHARGE SHEET IN CRIME NO
1058/2021 OF CANTONMENT POLICE
STATION.
Exhibit R5(d) A TRUE COPY OF THE STATEMENT GIVEN BY
THE RAM UNDER SECTION 161 OF CRPC IN
CRIME NO 1058/2021.
Exhibit R5(e) A TRUE COPY OF THE STATEMENT GIVEN BY
THE VINEETH V.R NAIR UNDER SECTION 161
OF CRPC IN CRIME NO 1058/2021.
Exhibit R5(f) A TRUE COPY OF THE CASE DETAILS OF RCP
NO.81/2022 BEFORE THE MUNSIFF COURT,
THIRUVANANTHAPURAM.
Exhibit R5(g) A TRUE COPY OF THE PLAINT IN OS NO
208/2024 BEFORE THE MUNSIFF COURT,
THIRUVANANTHAPURAM.
