Citation : 2026 Latest Caselaw 1780 Ker
Judgement Date : 18 February, 2026
2026:KER:14564
W.P.(C) No. 40803 of 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 40803 OF 2017
PETITIONER:
DR. S.K. MADHAVAN
AGED 71 YEARS,
PRESIDENT, MAHATMA NATURE CURE CENTRE,
AP X 443 E, KANOOL P.O., KANNUR PIN-670562.
BY ADVS.
SRI.P.M.KUNJIMOIDEENKUTTY
SRI.JOSEPH KURIAN VALLAMATTAM
SRI.LAL K.JOSEPH
SRI.V.S.SHIRAZ BAVA
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD
VYDHYDHIBHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN-695004,
REPRESENTED BY ITS CHAIRMAN
2 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SECTION, DHAMRAMSALA,
KANNUR, PIN-670109
3 THE ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION,
THALIPARAMBA, KANNUR, PIN-670141
4 THE STATE ELECTRICITY OMBUDSMAN
CHARANGATTU BHAVAN, BUILDING NO.34/895,
MAMANGALAM - ANCHUMANA ROAD,
EDAPPALLY, ERNAKULAM, PIN-682024
2026:KER:14564
W.P.(C) No. 40803 of 2017
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5 THE CONSUMER GRIEVANCE REDRESSAL FORUM
KERALA STATE ELECTRICITY BOARD LTD,
NORTHERN REGION, VYDHYUDHI BHAVAN,
GANDHI ROAD, KOZHIKODE, PIN-673011.
ADV ARUNKUMAR A., STANDING COUNSEL, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:14564
W.P.(C) No. 40803 of 2017
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 40803 of 2017
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Dated this the 18th day of February, 2026
JUDGMENT
The writ petition is filed with the following reliefs:-
i) Issue a writ of certiorari or any other appropriate writ or order quashing Exts.P7, P9, P13 and all consequential demands including Ext.P22.
ii) Declare that the petitioner cannot be treated as a consumer coming under LT VIIA commercial Tariff and hence the inclusion of the petitioner under the said category is illegal and arbitrary,
iii) Pass such other orders which this Honourable Court may deem fit in the facts and circumstances of the case.
2. It is submitted by the learned counsel for the petitioner
that pending the writ petition, the petitioner availed the One Time
Settlement offered by the Board and had paid an amount of 2026:KER:14564
Rs.64,202/- on 10.08.2023, which was in full and final settlement of
the liability till then. This is recorded.
Accordingly, nothing further remains to be considered in
this writ petition, and the same is closed as infructuous.
Sd/-
MOHAMMED NIAS C.P. JUDGE bpr 2026:KER:14564
APPENDIX OF WP(C) NO. 40803 OF 2017
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17.06.1987
EXHIBIT-P2 TRUE COPY OF THE CERTIFICATE DATED 9.03.1995 ISSUED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, COCHIN
EXHIBIT-P3 TRUE COPY OF THE SILVER JUBILEE SOUVENIR PUBLISHED BY THE SAID SOCIETY AS PART OF THE CELEBRATION IN CONNECTION WITH THE COMPLETION OF 25 YEARS OF THE ESTABLISHMENT
EXHIBIT-P4 TRUE COPY OF THE NOTICE DATED 30/09/2015 ISSUED BY THE 2ND RESPONDENT
EXHIBIT-P5 TRUE COPY OF THE SHORT ASSESSMENT BILL DATED 1/10/2015
EXHIBIT-P6 TRUE COPY OF THE OBJECTION DATED 8/10/2015
EXHIBIT-P7 TRUE COPY OF THE ORDER BEARING NO.DB/2016-17/DSL/CON NO.13399 DATED 30.09.2016
EXHIBIT-P8 TRUE COPY OF THE COMPLAINT DATED 8.02.2016 SUBMITTED BEFORE THE 5TH RESPONDENT FORUM
EXHIBIT-P9 TRUE COPY OF THE ORDER DATED 30/06/2017 IN OP 176/2016-17
EXHIBIT-P10 TRUE COPY OF THE REPRESENTATION DATED 28/07/2017 (WITHOUT ANNEXURES)
EXHIBIT-P11 TRUE COPY OF THE STATEMENT OF FACTS DATED 18/08/2017 2026:KER:14564
EXHIBIT-P12 TRUE COPY OF THE ARGUMENT NOTES
EXHIBIT-P13 TRUE COPY OF THE ORDER DATED 17/11/2017 IN APPEAL PETITION NO P/093/2017
EXHIBIT-P14 TRUE COPY OF THE COMMUNICATION BEARING NUMBER 30/31/2010- 11/CCRYN/TCPC (30 BEDS) 255 DATED 26/04/2010
EXHIBIT-P15 TRUE COPY OF THE COMMUNICATION BEARING NO.30/31/2010- 11/CCRYN/TCPC(30 BEDS)/1595 DATED 11/10/2010
EXHIBIT-P16 TRUE COPY OF THE CERTIFICATE DATED 20/10/2016
EXHIBIT-P17 TRUE COPY OF THE COMMUNICATION DATED 31/01/2008
EXHIBIT-P18 TRUE COPY OF THE COMMUNICATION DATED 30/01/2009
EXHIBIT-P19 TRUE COPY OF THE DETAILS OF THE OFFICE BEARERS PERTAINING TO THE YEAR 2009-2010 FURNISHED BEFORE THE REGISTER
EXHIBIT-P19(A) TRUE COPY OF THE DETAILS OF THE OFFICE BEARERS PERTAINING TO THE 2010-11 FURNISHED BEFORE THE REGISTER VIDE COMMUNICATION DATED 28.03.2010
EXHIBIT-P19(B) TRUE COPY OF THE DETAILS OF THE OFFICE BARERS PERTAINING TO THE YEAR 2015-2016 FURNISHED BEFORE THE REGISTRAR
EXHIBIT-P20 TRUE COPY OF THE INCOME TAX RETURNS PERTAINING TO THE ASSESSMENT YEAR 2009-10 2026:KER:14564
EXHIBIT-P20(A) TRUE COPY OF THE INCOME TAX RETURNS PERTAINING TO THE ASSESSMENT YEAR 2010-11
EXHIBIT-P20(B) TRUE COPY OF THE INCOME TAX RETURNS PERTAINING TO THE ASSESSMENT YEAR 2011-12
EXHIBIT-P20(C) TRUE COPY OF THE INCOME TAX RETURNS PERTAINING TO THE ASSESSMENT YEAR 2016-17
EXHIBIT-P21 TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE COMMISSION IN TP 59/2008 DATED 18/03/2009
EXHIBIT-P22 TRUE COPY OF THE DEMAND NOTICE ALONG WITH THE SHORT ASSESSMENT BILL AND THE CALCULATION STATEMENT
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