Partly allowed

Sunil Mathew v. State of Kerala

Kerala HC31 May 2016WP(C)/3048/2016

Case brief

AI extract

What is this about?

Agriculturists petitioned against disconnection for non-payment due to the Government Department's failure to pay bills under a subsidy scheme. The Court distinguished a prior precedent due to the current tariff change. Petitioners were directed to pay in installments pending internal dispute resolution.

What did the court decide?

Petitioners to pay outstanding bill in six monthly instalments starting 01/07/2016; dispute between Petitioners and Government to be settled between themselves.

Sunil Mathew Vs State of Kerala — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938

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WP(C).No. 3048 of 2016 (E) ---------------------------

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PETITIONER(S):

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1. SUNIL MATHEW, S/O VARKKEY MATHAI, AGED 38 YEARS, RESIDING AT VAYALILPARAMBIL HOUSE, KUZHITHOLU P.O., KUZHIKKANDAM, IDUKKI.
2. THOMAS JOSEPH, S/O JOSEPH, AGED 56 YEARS, RESIDING AT KULAMKKAL VEEDU, KUZHITHOLU P.O., KUZHIKKANDAM, IDUKKI.
3. AJAYAKUMAR T, S/O THULASEEDHARAN PILLAI, AGED 42 YEARS, RESIDING AT:SREEVILASAM HOUSE, KAMBAM MEDU PO, IDUKKI.
4. KURYAN ABRAHAM, S/O ABRAHAM, AGED 54 YEARS, RESIDING AT VANIYAPPURAKKAL HOUSE, KAMBAM MEDT PO, IDUKKI.
5. RAJAN BHASKARAN, S/O BHASKARAN, AGED 49 YEARS, VENUS S.G., RESIDING AT CHURALANLIL HOUSE, KUZHITHOLU PO, IDUKKI.
*6. JOHN T.G, S/O GEORGE, AGED 52 YEARS, RESIDING AT THEKKEVALLAKKALAYIL HOUSE, KUZHITHOLU PO, IDUKKI.(DELETED) 7. MANJULA, D/O NARAYANAN NAIR, RESIDING AT PALAKKAL HOUSE, KUZHITHOLU PO, IDUKKI.
8. SHAJIMON K.R, S/O N.K. RAVEENDRAN, AGED 45 YEARS, RESIDING AT KOOTHANADIYIL HOUSE, KUZHITHOLU PO, IDUKKI.
9. RAJAMMA, D/O NEELAKANDAN, AGED 65 YEARS, RESIDING AT KOOTTATHIL HOUSE, KUZHOTHOLU PO, IDUKKI.
10. C.K. SREEDHARAN, S/O KUTTAN, AGED 62 YEARS, RESIDING AT CHURANOLIL HOUSE, KUZHITHOLU PO, IDUKKI. --2--

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WP(C).No. 3048 of 2016 (E)

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11. AUGUSTINE, S/O MATHAYI, AGED 63 YEARS, RESIDIG AT VATTAKAVUNGAL HOUSE, KUZHITHOLU PO, IDUKKI.

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12. RADHAMANIYAMMA, W/O PARAMESWARAN PILLAI, AGED 66 YEARS, RESIDING AT POUNGOTTU VEEDU, KOZHITHOLU PO, IDUKKI.

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13. THOMAS ULAHANNAN, S/O ULAHANNAN, AGED 60 YEARS, RESIDING AT PALLICHIRA HOUSE, KUZHITHOLU PO, IDUKKI.

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14. RAJU GEORGE, S/O GEORGE, AGED 59 YEARS, RESIDING AT ELLATH HOUSE, RAJAKKANDAM PO, VANDAN MEDU, IDUKKI.

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15. POTHAN MATHYI,S/O MATHAYI, AGED 60 YEARS, RESIDING AT PUTHEN VEETTIL, KOCHARA PO, IDUKKI.

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16. P.A VARGHESE, S/O ABRAHAM, AGED 52 YEARS, RESIDING AT PUTHUPPALLATH HOUSE, KUZHITHOLU PO, IDUKKI.

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*** THE NAME OF THE 6TH PETITIONER IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS ORDER DATED 08.03.2016 IN IA.3067/2016.**

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BY ADVS.SRI.MURALI PURUSHOTHAMAN

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SRI.DEEPU LAL MOHAN SMT.S.LEENA

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SRI.K.S.PRENJITH KUMAR

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RESPONDENT(S):

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1.STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2.THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KARUNAPURAM, KOOTTAR PO, IDUKKI-685 552

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3.THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PUTTADI, PUTTADI PO, IDUKKI-685 551.

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WP(C).No. 3048 of 2016 (E)

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4.KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VYDYUTI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.

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5.THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, ELECTRICAL SECTION, VANDANMEDU, PUTTADY, IDUKKI-685 551.

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R1 TO R3 BY GOVERNMENT PLEADER SMT.LILLY.K.T R4 & R5 BY SRI.SAJEEVKUMAR K.GOPAL,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-05-2016 ALONG WITH WPC. 4261/2016 & 4773/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 3048 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT.P1:	THE PHOTOCOPY OF THE CIRCULAR NO 10880/PA3/05/AGRICULTURE DT. 4/5/05 ISSUED BY THE AGRICULTURE (PLANNING) DEPARTMENT, GOVERNMENT OF KERALA.
EXT.P2:	THE PHOTOCOPY OF THE APPLICATION FORM FOR ELECTRICITY CONNECTION DT. NIL SUBMITTED BY THE 12TH PETITIONER BEFORE THE 5TH RESPONDENT.
EXT.P3:	THE PHOTOCOPY OF THE CERTIFICATE NO. KBK 12/11 DT. 1/2/12 ISSUED BY THE 2ND RESPONDENT FOR THE PURPOSE OF PRODUCING BEFORE THE 5TH RESPONDENT.
EXT.P4:	THE PHOTOCOPY OF THE LETTER NO. K.B.K. 12/12 DT. 3/5/12 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT
EXT.P5:	THE PHOTOCOPY OF THE RELEVANT PAGES OF THE REGISTER CONTAINING THE DETAILS OF THE FARMERS AVAILING THE BENEFIT OF THE SCHEME THROUGH THE OFFICE OF 2ND RESPONDENT.
EXT.P6:	THE PHOTOCOPY OF THE RECEIPT NO NIL DT. 5/9/14 ISSUED BY THE 5TH RESPONDENT FOR BULK PAYMENT MADE BY THE 2ND RESPONDENT TOWARDS ELECTRICITY CHARGES OF 55 BENEFICIARIES UNDER THE SCHEME.
EXT.P7:	THE PHOTOCOPY OF THE LETTER NO NIL DT. 30/10/15 ISSUED BY THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THOOKKUPALAM TO THE 2ND RESPONDENT.
EXT.P8:	THE PHOTOCOPY OF THE REPLY LETTER NO KBK 12/15-16 DT. NIL ISSUED BY THE 2ND RESPONDENT TO THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THOOKKUPALAM.
EXT.P9:	THE PHOTOCOPY OF THE NOTICE NO DB 38/VMD/15-16 DT. 13/10/16 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.
EXT.P10:	THE PHOTOCOPY OF THE NOTICE NO. DB 38/VMD/15-16 DT. 13/1/16 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.
EXT.P11:	THE PHOTOCOPY OF THE NOTICE NO. DB 38/VMD/15-16 DT. 13/1/16 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER. --2--

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WP(C).No. 3048 of 2016 (E)

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EXT.P12: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	4TH
EXT.P13: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	5TH
EXT.P14: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	6TH
EXT.P15: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	7TH
EXT.P16: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	8TH
EXT.P17: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	9TH
EXT.P18: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	10TH
EXT.P19: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	11TH
EXT.P20: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	12TH
EXT.P21: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	13TH
EXT.P22: THE PHOTOCOPY OF THE DT. 15/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	14TH
EXT.P23: THE PHOTOCOPY OF THE DT. 14/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	15TH
EXT.P24: THE PHOTOCOPY OF THE DT. 13/1/16 ISSUED BY PETITIONER.	NOTICE NO. DB 38/VMD/15-16 THE 5TH RESPONDENT TO THE	16TH --3--

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WP(C).No. 3048 of 2016 (E)

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EXT.P25: THE PHOTOCOPY OF THE REPRESENTATION NO. NIL DT. 22/1/16 SUBMITTED BY THE 12TH PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL ----------------------//TRUE COPY// P.S. TO JUDGE

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mbr/

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**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.Nos.3048, 4261 & 4773 of 2016

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Dated this the 31^st day of May 2016

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J U D G M E N T

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Petitioners are all agriculturists who had entered into an agreement with the Electricity Board by which the Agricultural Department of the State had offered to pay the bill amounts of the petitioners. It is stated that the Agricultural Department failed to pay the bill amounts and there is a threat of disconnection. Therefore the petitioners have approached this Court.

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Learned Government Pleader, on instructions, would submit that there is a change of tariff. Earlier the bills were issued under the agricultural tariff whereas presently the bills are being issued under the industrial tariff. In so far as the tariff has been increased and the Government is called upon to pay higher amount, unless it is changed to agricultural tariff, there is no obligation on the part of the State to pay the amount.

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Learned Standing Counsel appearing on behalf of the Electricity Board submits that in addition to the agreement executed between the Board and the Government with reference to payment of electricity charges of the petitioners, petitioners

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W.P.C.Nos.3048, 4261 & 4773 of 2016

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have also given an agreement in writing stating that they guarantee the payment of the bill, if at all there is failure on the part of the Government to pay the bill amounts. Under such circumstances, there is an obligation on the part of the petitioners also to pay the amount. That apart, the agricultural tariff has been changed to industrial tariff on the basis of orders issued by the Regulatory Commission. According to the Board, either the petitioners or the Government has to pay the bill amount and if at all there is any dispute between them, they have to sort it out by themselves. As far as the Board is concerned, it is entitled to collect the bill amounts for the last several months. If the bills are not paid, Board is entitled to disconnect the power connection.

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Learned counsel for the petitioner, however relies upon a judgment of this Court dated 04/03/2003 in M.K.Saidalavi v. Assistant Executive Engineer by which the learned Single Judge had formed an opinion that once the consumer make certain arrangements with the Board, they are entitled to continue with such scheme.

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The question now is slightly different from the facts involved in the above case. Presently, there is a change in tariff

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W.P.C.Nos.3048, 4261 & 4773 of 2016

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which is notified as per the directions issued by the Regulatory Commission. All consumers are bound by the said change in tariff unless it is modified, in accordance with law. Under such circumstances, it is for the petitioners and the Agricultural Department of the Government to take an appropriate decision regarding the liability to pay. Pending such resolution of the dispute, it cannot be stated that the Board is not entitled to collect the actual bill amount as per the changed tariff. Under such circumstances, I am of the view that there is no reason to issue any direction, as sought for in the writ petition whereas the only direction that can be given is to permit the petitioners to pay the amount and take up the matter with the Government and seek appropriate direction. Learned counsel for the petitioners seeks time to pay the bill amount in instalments.

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In the result, these writ petitions are disposed of as under: i) That the petitioners shall pay the outstanding bill amount due to the Electricity Board in six equal monthly instalments starting from 01/07/2016 and also pay the regular monthly bills.

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W.P.C.Nos.3048, 4261 & 4773 of 2016

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ii) The dispute between the petitioners and the Agricultural Department of the Government shall be settled between themselves and it shall be open for the petitioners to take appropriate proceedings against them, in accordance with law.

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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jsr

Sunil Mathew v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunil Mathew v. State of Kerala

Case brief

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