Citation : 2025 Latest Caselaw 12475 Ker
Judgement Date : 18 December, 2025
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W.P.(C) No. 38861 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 18TH DAY OF DECEMBER 2025/27TH AGRAHAYANA, 1947
WP(C) NO. 38861 OF 2025
PETITIONER:
JAZZ MANUFACTURES LLP,
JAAZ, 227-S-, 227-U, 227-V, INKEL CITY,
KARATHOD P.O., MALAPPURAM DISTRICT
REPRESENTED BY ITS MANAGING PARTNER,
N.K. ABDUL JALEEL,
AGED 53 YEARS, S/O BAPPUTTY,
LILA DALE, 29/240F, KOTTULI (P.O.),
KOZHIKODE DISTRICT, PIN-673016
BY ADVS.
SHRI.T.K.AJITH KUMAR
SMT.AISWARYA RAMESAN
SMT.REMYA VARMA N.K
SMT.VARNIBHA.T
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN-695004
2 THE SPECIAL OFFICER (REVENUE),
OFFICE OF THE SPECIAL OFFICER,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN-695004
3 THE DEPUTY CHIEF ENGINEER,
ELECTRICAL CIRCLE, KSEB, TIRUR (P.O.),
MALAPPURAM DISTRICT, PIN-676101
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W.P.(C) No. 38861 of 2025
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4 THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KSEB, OORAKAM P.O.,
MALAPPURAM DISTRICT, PIN-676519
ADV. RIJI RAJENDRAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No. 38861 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 38861 of 2025
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Dated this the 18th day of December, 2025
JUDGMENT
The petitioner is engaged in the manufacture of PVC doors.
He challenges the rejection of his application under the One Time
Settlement Scheme (for short, 'OTS Scheme'), 2025.
2. The petitioner contends that the consumers with
electricity arrears arising before 01.05.2023 are eligible, and since the
petitioner was in arrears from March, 2020, the rejection of his
request to settle the dues under the OTS Scheme through Ext.P3 is
clearly illegal. Ext.P3 states that the arrears outstanding against the
HT connection pertains to the period from 10/2024 to 06/2025, and
this period will not come under the OTS Scheme, 2025.
3. In view of the above dispute, this Court passed the
following order on 06.12.2025 :-
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There will be a direction to the respondent-Board to file a statement clearly showing the arrears, including the period when they fell into arrears and also the present outstanding liability. A statement separately showing the above shall be filed within two weeks.
4. Learned counsel appearing for the Board, relying on
Ext.R1(a), points out that the petitioner was in arrears from January,
2023 and that the total amount payable was Rs.7,73,889.81/-. The
petitioner was granted six monthly instalments, as per which he had
paid three instalments, and after adjusting the instalments paid, the
petitioner is in arrears from July 2023, as the amount payable till that
date has been wiped off. Since the OTS facility granted was only
concerning the arrears prior to May, 2023, the petitioner is not
entitled to the benefit of the OTS Scheme.
5. After perusing Annexure R1(a) and the calculations given
therein and in the absence of any material to discredit the tabulation
given, I am inclined to accept the stand of the Board that the
petitioner is in arrears from July 2023, after due appropriation.
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6. Under such circumstances, the petitioner is not entitled to
the benefit of Ext.P1 OTS Scheme issued by the Board on 30.04.2025,
which clearly pertains to the period from 01.05.2025 to 31.07.2025. It is
also to be noted that the arrears mentioned in Ext.P4 have been paid,
and at present, the arrears are from July 2023, after appropriating the
amounts paid by the petitioner.
7. Under such circumstances, I am not inclined to interfere
with the order impugned in this writ petition.
8. Learned counsel for the petitioner submits that the
petitioner intends to make an application for an LT connection. If an
application is made by the petitioner, the respondent Board will
consider the same in accordance with law and pass appropriate
orders, without further delay.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr a
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APPENDIX OF WP(C) NO. 38861 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER NO. B.O.(FTD) NO.210/2025 (TRAC/GL/OTS-2025/24-25) DATED 30.04.2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 25.06.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 30.07.2025 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE BILL DATED 03.04.2023 SHOWING THE ARREARS OF RS. 87,07,690/-
RESPONDENTS' ANNEXURES
Annexure R1(a) A TRUE COPY OF THE TABULATION OF THE
ARREARS OF THE PETITIONER AS ON
31.10.2025
Annexure R1(b) A TRUE COPY OF THE INSTALMENT SCHEDULE
SANCTIONED ON 23-03-2024
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