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Kerala High Court
Alzheimers & Related Disorders Society ... vs Kerala State Electricity Board Limited ... on 27 January, 2026
2026:KER:6342
W.P.(C) No. 39690 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 39690 OF 2023
PETITIONER:
ALZHEIMERS & RELATED DISORDERS SOCIETY OF INDIA
REPRESENTED BY ITS TREASURER SRI. THOMAS CHERIAN
REG. NO. ER 243/93. P.B. NO.53, GURUVAYOOR ROAD,
KUNNAMKULAM, THRISSUR, PIN-680503
BY ADVS.
SMT.MEKHA MANOJ
SHRI.C.K.KARUNAKARAN
SRI.K.V.KRISHNAKUMAR
SMT.SHIFNA MUHAMMED SHUKKUR
SMT.KRISHNA SURESH
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS CHAIRMAN
AND CHIEF EXECUTIVE OFFICER,
VYDHUTHI BHAVAN, THIRUVANANTHAPURAM,
PIN-695004
2 ASSISTANT ENGINEER,
ELECTRICAL SECTION, RAMAVARMAPURAM,
KERALA STATE ELECTRICITY BOARD LIMITED,
VILLADAM- KUTTUMUCK ROAD, MANNUMKAD,
CHEROOR, THRISSUR, PIN-680631
3 ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL SUB-DIVISION VIYYUR,
KERALA STATE ELECTRICITY BOARD LIMITED,
PADUKAD, KELTRON NAGAR, KOLAZHY,
THRISSUR, PIN-680010
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W.P.(C) No. 39690 of 2023
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4 TARIFF AND REGULATORY AFFAIRS CELL
REPRESENTED BY ITS DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
IX FLOOR, VYDHUTHI BHAVAN,
THIRUVANANTHAPURAM, PIN-695001
ADV. RIJI RAJENDRAN, STANDING COUNSEL, KSEB LTD.
SMT. DEVI SHRI R., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P.(C) No. 39690 of 2023
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MOHAMMED NIAS C.P., J.
-------------------------------------------------
W.P.(C) No. 39690 of 2023
-------------------------------------------------
Dated this the 27th day of January, 2026
JUDGMENT
The petitioner challenges Exts.P16 and P20 orders passed
by the Consumer Grievance Redressal Forum, Central Zone. The
appeal against the same was rejected by the Electricity Ombudsman
holding that the appeal was not maintainable. Through Ext.P16, the
petitioner, who claimed the benefit of LT-VI D tariff in response to
the short assessment notice issued by the Board, approached the
Consumer Grievance Redressal Forum which found that the
petitioner Society is a Charitable Organisation providing service and
assistance to inmates with dementia. It was found that the
petitioner did not provide documents to substantiate that the
Society qualifies as a charitable hospital/guidance centre under LT-
VI D tariff and accordingly, the claim was rejected. Being aggrieved
by the order of the Grievance Redressal Forum, the petitioner
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approached the Electricity Ombudsman which rejected the
petitioner's claim through Ext.P20 order, finding that the petitioner
can't be treated as a 'complainant' and at the outset, it is stated that
the findings of the Ombudsman is clearly wrong as Section 2 (g) of
the Electricity Act defines a 'Consumer' which reads as follows:-
"Consumer means any person who is supplied
with electricity for his own use by a licensee
and includes any person whose premises are
connected for the purpose of receiving
electricity with the works of a licensee or a
person whose electricity supply is disconnected
by a licensee or the person who has applied for
connection for receiving electricity from a
licensee, as the case may be."
2. As seen from the definition, 'Consumer' means any
person who is supplied with electricity for his own use by a licensee
and includes any person whose premises are connected for the
purpose of receiving electricity. Accordingly, a person in lawful
occupation of the premises will answer the description of the
consumer and the finding of the Electricity Ombudsman that the
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petitioner is not a consumer and therefore, will not answer the
description of a complainant is clearly wrong.
3. Under such circumstances, without any expression on
the merits of the matter as to the tariff is applicable to the
petitioner, Ext.P20 is quashed and there will be a direction to the
Electricity Ombudsman to re-hear Appeal Petition No. P/039/2023,
with notice to the petitioner and other affected parties. Fresh
orders, as directed above, shall be passed within two months from
the date of receipt of a copy of this judgment.
The impugned order Ext.P20 is quashed. The Writ petition
is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) NO. 39690 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED BY REGISTRAR, SRO
ERNAKULAM DATED 05.07.2018
Exhibit P2 TRUE COPY OF THE FORM NO.10AC ORDER OF
APPROVAL DATED 02.10.2021
Exhibit P3 TRUE COPY OF THE AUDITED FINANCIAL
STATEMENTS OF THE PETITIONER SOCIETY
FOR THE YEAR 2021-22
Exhibit P4 TRUE COPY OF THE SITE MAHAZAR DATED
16.01.2023
Exhibit P5 TRUE COPY OF ORDER DATED 21.01.2023
ISSUED BY 2ND RESPONDENT
Exhibit P6 TRUE COPY OF REPRESENTATION DATED
25.01.2023 ISSUED BY THE PETITIONER TO
THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF LETTER DATED 06.03.2023
ISSUED BY 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
13.03.2023 ISSUED BY THE PETITIONER TO
THE 3RD RESPONDENT
Exhibit P9 TRUE COPY OF THE LETTER DATED
21.03.2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P10 TRUE COPY OF THE BILL NO.5681230314850
DATED 25.03.2023
Exhibit P11 TRUE COPY OF THE LETTER DATED
27.03.2023 ISSUED BY THE 3RD RESPONDENT
TO THE CHAIRMAN, ARDSI, NATIONAL OFFICE
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Exhibit P12 TRUE COPY OF THE BILL NO.5681230401336
DATED 01.04.2023
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED
12.04.2023 ISSUED BY THE PETITIONER TO
THE 3RD RESPONDENT
Exhibit P14 TRUE COPY OF THE COMPLAINT IN FORM-A
DATED 20.04.2023 BEFORE THE CGRF,
CENTRAL REGION
Exhibit P15 TRUE COPY OF THE VERSION DATED
12.05.2023 WITHOUT ANNEXURES FILED BY
THE 3RD RESPONDENT IN COMPLAINT
NO.CGRF-CR/OP NO.04/2023-24
Exhibit P16 TRUE COPY OF THE ORDER DATED 23.06.2023
OF THE CGRF IN COMPLAINT NO.CGRF-CR/OP
NO.04/2023-24
Exhibit P17 TRUE COPY OF THE APPEAL IN FORM-B DATED
22.08.2023 BEFORE THE ELECTRICITY
OMBUDSMAN
Exhibit P18 TRUE COPY OF THE VERSION WITHOUT
ANNEXURES DATED 11.09.2023 FILED BY THE
3RD RESPONDENT IN APPEAL PETITION NO.
Exhibit P19 TRUE COPY OF THE REJOINDER DATED
02.10.2023 FILED BY THE PETITIONER IN
APPEAL PETITION NO. P039/2023
Exhibit P20 TRUE COPY OF THE ORDER DATED 09.10.2023
OF THE ELECTRICITY OMBUDSMAN, KERALA IN
IN APPEAL PETITION NO. P039/2023
Exhibit P21 TRUE COPY OF THE LETTER DATED
19.10.2023 ISSUED BY THE 2ND RESPONDENT
DEMANDING THE AMOUNT OF RS.2,05,506/-
Exhibit P22 TRUE COPY OF THE DEPOSIT/PAY IN SLIP
DATED 03.11.2023 FROM THE STATE BANK OF
INDIA IN FAVOUR OF KSEB
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Exhibit P23 TRUE COPY OF THE LETTER DATED
03.11.2023 ISSUED BY THE PETITIONER TO
THE 2ND RESPONDENT
Exhibit P24 TRUE COPY OF THE MOBILE SCREENSHOT OF
THE SMS RECEIVED BY THE SHAILAJA AND
FORWARDED TO THE PETITIONER ALONG WITH
CERTIFICATION
Exhibit P25 TRUE COPY OF THE PALLIATIVE CARE PAGE
FROM THE WEBSITE OF WORLD HEALTH
ORGANISATION WITH LINK
HTTPS://WWW.WHO.INT/NEWS-ROOM/FACT-
SHEETS/DETAIL/PALLIATIVE-CARE ALONG
WITH CERTIFICATION
