Kerala High Court
M/S. Malayalam Chemicals (P) Ltd vs Kerala State Electricity Board Ltd on 20 August, 2025
2025:KER:62780
WP(C) NO.16336 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 20TH DAY OF AUGUST 2025 / 29TH SRAVANA,
1947
WP(C) NO. 16336 OF 2025
PETITIONER/S:
M/S. MALAYALAM CHEMICALS (P) LTD.,
INDUSTRIAL DEVELOPMENT AREA, EDAYAR, BINANIPURAM,
ALUVA, REPRESENTED BY ITS MANAGING DIRECTOR,
P. VELLAISAMY, AGED 59 YEARS, S/O PONNUSAMY,
RESIDING AT MATHIYACHI POST, KOVILPATTY TALUK,
TAMILNADU, PIN - 628501
BY ADVS.
SRI.V.V.ASOKAN (SR)
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SMT.ANIES MATHEW
SHRI.AKHIL P.C.
SMT.ASWATHY SUSAN PAUL
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM,
PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004
2 TAHSILDAR,
TALUK OFFICE, ABOVE SUB REGISTRAR OFFICE, NORTH
PARAVUR, PIN - 683513
3 GENERAL MANAGER,
DISTRICT INDUSTRIAL CENTRE, KAKKANAD, ERNAKULAM,
PIN - 682030
4 STATE OF KERALA,
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WP(C) NO.16336 OF 2025
2
REPRESENTED BY ITS SECRETARY, POWER ( C)
DEPARTMENT, SECRETARIATE, GOVERNMENT PRESS P.O.,
THIRUVANANTHAPURAM, PIN - 695001
5 THE SPECIAL OFFICER, (REVENUE),
KERALA STATE ELECTRICITY BOARD LIMITED, VYDHYTHI
BHAVANAM, PATTOM P.O., THIRUVANANTHAPURAM, PIN -
695004
SRI.B.PREMOD, SC
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.16336 OF 2025
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JUDGMENT
The writ petition is filed with the following prayers;
"1. To call for the records connected with the case
leading to Ext.P16 and quash the original of Ext.P16 to
the extent it declined to grand the No Due Certificate
for getting clearance certificate from the office of the
2nd and 3rd respondents by issuing a writ of Certiorari.
2. To declare that petitioner is liable to pay collection
charges only at the rate of 1% since the entire amount
due to the KSEBL is cleared as part of the OTS and also
in the light of the direction issued by this Hon'ble Court.
3. To issue a writ of mandamus or any other
appropriate writ, order a direction directing the 5th
respondent to issue No Due Certificate to the petitioner
so as to get clearance certificate from the respondents 2
and 3.
3(a) Call for the records of the case from the 2 nd
respondent leading to the issuance of Ext.P19 and quash
the same by means of an appropriate writ or order.
3(b) Issue a writ of mandamus or other appropriate
writ or order directing the 2 nd respondent and 5th
respondent to issue a no due certificate to the petitioner
as required by them vide request dated 09.05.2025
forthwith to facilitate complete settlement of the
electricity dues payable by the petitioner as sought by
them before the 5th respondent as per Ext.P18 request in
terms of Ext.P17 OTS scheme."
4. To grant such other reliefs that may be deemed just
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WP(C) NO.16336 OF 2025
and proper by this Hon'ble Court. To grant such other
reliefs that may be deemed just and proper by this
Hon'ble Court.
5. To award cost of these proceedings.
6. To dispense with the filing of translation of
vernacular document."
2. This Court passed an interim order in connected WP(C)
No.6212 of 2025 on 19.02.2025, as follows;
"Admit.
2. Learned Standing Counsel takes notice for
respondent Nos.2 and 3. Learned Government Pleader
take notice for the 1st respondent.
3. Having heard the learned Senior Counsel
appearing for the petitioner and the learned Standing
Counsel appearing for respondent Nos.2 and 3, there
will be an interim order directing that, on the petitioner
depositing the amount (which the petitioner will have
to pay in terms of Ext.P16), the competent among
respondent Nos.2 and 3 will issue a necessary 'No
Objection Certificate' for the purposes of availing a new
electricity connection. The amount shall be deposited
within a period of one month from today. It is clarified
that the deposit will be provisional and subject to
further orders in the writ petition and subject to any
contention taken in the writ petition.
It is also made clear that the deposit, as above, will
not prevent the petitioner from seeking the benefit of
any Amnesty Scheme, that may be introduced by the
Board."
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WP(C) NO.16336 OF 2025
3. It is submitted by both sides that the petitioner has complied
with the above interim order. Ext.P19 in WP(C) No.6212 of 2025,
issued by the Board dated 14.03.2025, also certified that the petitioner
had remitted an amount Rs.70,90,483/- (seventy lakhs ninety
thousand four hundred and eighty three only) on 19.02.2025
equivalent to the arrears of electricity charges with 8% interest due
to KSEBL as on 19.02.2025. The Board has also certified that it has no
objection to the petitioner availing a new electricity connection.
4. What remains now is the collection charges payable in terms
of Rule 5(3) of the Kerala Revenue Recovery Rules, 1968.
5. This Court had passed an interim order on 12 th August 2025,
directing the learned Government Pleader to get instructions on the
charges liable to be paid by the petitioner in terms of the Rules.
6. Today, when the matter is taken up, the learned Government
Pleader on instructions submits that an amount of Rs.4,76,201/- (four
lakhs seventy six thousand two hundred and one only) as on
01.08.2025 is due under the said head.
7. Given the above, there will be a direction to the Special
Officer (Revenue) KSEBL, Thiruvananthapuram, to collect the amount
of Rs.4,76,201/- from the petitioner and intimate the same to the
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WP(C) NO.16336 OF 2025
Tahsildar, North Paravur, within three days from the date of receipt
of the amount. The Tahsildar will then issue a No Due Certificate
within a further period of three days.
The Writ petition is disposed of as above.
SD/-
MOHAMMED NIAS C.P.,
JUDGE
JJ
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WP(C) NO.16336 OF 2025
APPENDIX OF WP(C) 16336/2025
PETITIONER EXHIBITS
Ext.P1 TRUE COPY OF THE JUDGEMENT DATED
24.03.2017 IN O.P.NO.38791 /2001
Ext.P2 TRUE COPY OF THE ORDER DATED 13.07.2017
ISSUED BY THE 5TH RESPONDENT
Ext.P3 TRUE COPY OF THE CALCULATION STATEMENT
DATED 14.07.2017 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
Ext.P4 TRUE COPY OF THE OBJECTION DATED
23.10.2017 FILED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
Ext.P5 TRUE COPY OF THE REPRESENTATION DATED
19.02.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 4 TH RESPONDENT
Ext.P6 TRUE COPY OF THE REPRESENTATION DATED
08.09.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
Ext.P7 TRUE COPY OF THE ORDER DATED 6.11.2019
ISSUED BY THE 5TH RESPONDENT
Ext.P8 TRUE COPY OF THE JUDGMENT DATED
Ext.P9 COPY OF THE ORDER DATED 02.09.2024 IN
Ext.P10 TRUE COPY OF THE REPRESENTATION DATED
23.09.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT
Ext.P11 TRUE COPY OF THE ORDER NO.B.O.
(FTD)NO.37/2025 (SOR/AMU8/HTB
30/3111/2024) DATED 28.01.2025 ISSUED BY
THE 5TH RESPONDENT
Ext.P12 TRUE COPY OF THE ORDER DATED 17.02.2025,
Ext.P13 TRUE COPY OF THE NOC NO.SOR/AMU
8/30/3111/NLC/2024-25 DATED 14.03.2025
Ext.P13(a) TRUE COPY OF THE CALCULATION STATEMENT
Ext.P14 TRUE COPY OF THE LETTER
NO.TLKPVR/550/2025-C3 DATED 21.03.2025
ISSUED BY THE 2ND RESPONDENT TO THE
MANAGER OF THE PETITIONER
Ext.P15 TRUE COPY OF THE REPRESENTATION DATED
20.03.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
Ext.P16 TRUE COPY OF THE LETTER
NO.SOR/AMU8/HTB,30/3111/2025-26/2 DATED
01.04.2025 ISSUED BY THE 5TH RESPONDENT
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WP(C) NO.16336 OF 2025
TO THE 3RD RESPONDENT WITH COPY TO THE
PETITIONER
Exhibit P17 A TRUE COPY OF THE BOARD ORDER - BO(FTD)
NO. 210 / 2025 TRAC / GL/OTS-2025/2425)
DATED 30.04.2025
Exhibit P18 A TRUE COPY OF THE REQUEST FOR ONE TIME
SETTLEMENT PUT IN BY THE PETITIONER
DATED 12.05.2025
Exhibit P19 A TRUE COPY OF THE SAID COMMUNICATION
ISSUED BY THE 2ND RESPONDENT DATED
10.06.2025
