Prameela vs State Of Kerala
2025 Latest Caselaw 2043 Ker

Kerala High Court

Prameela vs State Of Kerala on 8 January, 2025

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE GOPINATH P.

    WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946

                      WP(C) NO. 45467 OF 2024

PETITIONER:
           PRAMEELA,
           AGED 45 YEARS,
           PROPRIETOR, ARCHA CABLE NETWORK, D/O RAMAKRISHNAN
           EDAMPADAM, KANNANKULANGARA, THEKKUMBHAGAM,
           THRIPPUNITHURA KOCHI PALACE P.O., ERNAKULAM,
           PIN - 682301.

          BY ADVS.
          JOLLY JOHN
          LIZA MEGHAN CYRIAC
          C.S.RESHMI
          IRENE BABU
          HARIKRISHNA S.
          MEHNAZ P. MOHAMMED
          RUBIN SHIBU


RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
           POWER, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

    2     THE KERALA STATE ELECTRICITY BOARD LIMITED,
          REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
          THIRUVANANTHAPURAM, PIN - 695004.

    3     BOARD OF DIRECTORS,
          REPRESENTED BY COMPANY SECRETARY (IN CHARGE), OFFICE OF
          THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
          BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004.

    4     DIRECTOR (DISTRIBUTION, IT & SCM),
          OFFICE OF THE KERALA STATE ELECTRICITY BOARD LIMITED,
          VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
          PIN - 695004.
 WP(C) NO. 45467 OF 2024

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    5      CHIEF ENGINEER (DISTRIBUTION) CENTRAL,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL CIRCLE OFFICE,
           ERNAKULAM, PIN - 682031.

    6      DEPUTY CHIEF ENGINEER,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL CIRCLE, ELECTRICAL CIRCLE
           OFFICE, ERNAKULAM, PIN - 682031.

    7      EXECUTIVE ENGINEER,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL DIVISION, VYDYUTHI BHAVANAM,
           THRIPPUNITHURA, PIN - 682031.

    8      ASSISTANT ENGINEER,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL SECTION, THRIPUNITHURA,
           SECTION OFFICE,KOTTAKAKOM, THRIPUNITHURA,
           PIN - 682301.

    9      ASSISTANT ENGINEER,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL SECTION, VYDYUTHI BHAVANAM,
           CHOTTANIKKARA, KERALA, PIN - 682312.

    0      ASSISTANT ENGINEER,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL SECTION, VYDYUTHI BHAVANAM,
           MULANTHURUTHY, KERALA, PIN - 682314.

    11     ASSISTANT ENGINEER,
           OFFICE OF THE KERALA STATE ELECTRICITY BOARD
           LIMITED, ELECTRICAL SECTION, VYDYUTHI BHAVANAM,
           EROOR, ERNAKULAM, PIN - 682306.

           BY SRI.B.PROMOD
           SRI.SREEJITH V S, GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 45467 OF 2024

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                                 JUDGMENT

The petitioner is a registered Cable T.V operator. There

were certain liabilities to the Kerala State Electricity

Board(hereinafter referred to as the KSEB) on account of pole

rentals. It is submitted that the petitioner is not disputing the

liability to pay pole rentals and is only seeking the waiver of penal

interest.

2. The learned Standing counsel appearing for the

respondent KSEB would submit that the petitioner has made some

payments towards pole rentals and the balance outstanding

amount as on 08.01.2025 is Rs.7,04,534/- (Rupees seven lakhs

four thousand five hundred and thirty four only) excluding GST,

interest and penal interest. It is submitted that the petitioner also

not executed the necessary agreement with the KSEB and if the

petitioner wishes to continue with the business, she has to execute

a fresh agreement with the KSEB.

3. Having heard the learned counsel appearing for

the petitioner and the learned Standing counsel appearing for the

respondent, I am of the view that since the petitioner is not WP(C) NO. 45467 OF 2024

2025:KER:1113

disputing the liability to pay pole rent (as demanded) this writ

petition can be disposed of, permitting the petitioner to pay the

amount of Rs.7,04,534/- (Rupees seven lakhs four thousand five

hundred and thirty four only) in some instalments and to approach

the KSEB for waiver of interest/penal interest by filing a suitable

application. If the petitioner wishes to continue with the business

the petitioner will also be required to execute an agreement with

the competent authority of the KSEB.

4. Accordingly this writ petition will stand

disposed of, directing that the petitioner shall be permitted to pay

the outstanding amount of Rs.7,04,534/- (Rupees seven lakhs four

thousand five hundred and thirty four only) together with GST in

eight monthly instalments starting from 31.01.2025. Subsequent

instalments shall be paid on or before the last working day of

succeeding months. If the petitioner does not wish to continue

with the existing business, she may intimate the same to the

competent authority of the respondent KSEB. If the petitioner

wishes to continue with existing business, petitioner will execute a

fresh agreement with the competent authority after making the

payment of the entire outstanding amount of Rs.7,04,534/- WP(C) NO. 45467 OF 2024

2025:KER:1113

(Rupees seven lakhs four thousand five hundred and thirty four

only) as above. If the petitioner makes an application for waiver of

interest/penal interest the same shall be considered by the

competent authority in accordance with the law.

Writ petition is disposed of as above. Any recovery

proceedings initiated against the petitioner shall remain

suspended to enable compliance with the above directions. It is

also made clear that while the respondent KSEB will not take any

coercive proceedings against the petitioner on account of the

arrears as aforesaid, the petitioner will also comply with all safety

requirements including tagging of cables for as long as she

continues with the business.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 45467 OF 2024

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APPENDIX OF WP(C) 45467/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 03.12.2022 ISSUED BY THE STATE TAX OFFICER CTO I CIRCLE, THRIPPUNITHURA.

Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO. EK-782 DATED 22.12.2023 ISSUED BY DEPARTMENT OF POSTS, INDIA, OFFICE OF THE SENIOR POST MASTER ERNAKULAM HEAD POST OFFICE DATED 22.12.2023.

Exhibit P3 TRUE COPY OF THE REQUEST DATED 25.03.2023 FOR USE OF 226 POLES SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.11.

Exhibit P4 TRUE COPY OF THE REQUEST DATED 25.03.2023 FOR USE OF 226 POLES SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.9.

Exhibit P5 TRUE COPY OF REQUEST DATED 04.08.2023 FOR USE OF 432 POLES SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.8.

Exhibit P6 TRUE COPY OF THE REQUEST DATED 25.03.2023 FOR USE OF 122 POLES SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.10.

Exhibit P7 TRUE COPY OF THE DEMAND NOTICE NO.

PDN5106242500109/215 DATED 23.04.2024 ISSUED BY THE RESPONDENT NO.7.

Exhibit P8 TRUE COPY OF THE G.O.(MS) NO.

9/2021/POWER DATED 26.02.2021.

Exhibit P9 TRUE COPY OF B.O (DB) NO. 514/2021 (D(D&IT)/D5/CABLE-POLES/2021-22/0001) DATED 05.07.2021.

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Exhibit P10 TRUE CERTIFIED COPY OF THE JUDGMENT IN W.P.(C) NO. 24824/2024 DATED 11.07.2024.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 14.06.2024 IN W.P.(C)NO.38259 OF 2023 AND CONNECTED CASES.

Exhibit P12 TRUE COPY OF THE ARGUMENT NOTES DATED 22.07.2024 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE NOTICE NO. RB/CTV/2024- 25/1483 DATED 01.11.2024 DEMANDING AN AMOUNT OF RS.9,31,154/- WITH INTEREST @18% ISSUED BY THE RESPONDENT NO.7.

Exhibit P14 TRUE COPY OF THE DETAILS OF THE AMOUNT REMITTED BY THE PETITIONER AS ISSUED BY THE RESPONDENT NO.7.

Exhibit P15 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE DISMANTLING OF THE CABLES BY THE RESPONDENT.