In a writ petition, the High Court allowed the petitioner the privilege to pay electricity arrears of approximately Rs.9.97 lakhs in equal monthly instalments, granting credit for a prior interim payment.
Petitioner permitted to pay Rs.10,97,317/- (less Rs.1 lakh paid earlier) in six equal monthly instalments effective from 15.11.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939
WP(C).No. 21783 of 2017 (W)
PETITIONER:
P.M.MANUAL, AGED 54 YEARS, S/O.MANUAL, MANAGING PARTNER, WORLD OF TITAN WATCH, ROUND WEST, THRISSUR, RESIDING AT ALAPPAT, PALATHINGAL HOUSE, MISSION QUARTERS, THRISSUR.
BY SMT.SUMATHY DANDAPANI (SENIOR ADVOCATE) ADVS.SRI.MILLU DANDAPANI SRI.P.K.SAJEEV
RESPONDENT:
THRISSUR CORPORATION, THRISSUR-680001, REPRESENTED BY ITS SECRETARY.
BY SRI.T.P.PRADEEP, SC BY SRI.SANTHOSH P.PODUVAL, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 21783 of 2017 (W)
APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT | P1: | PHOTOCOPY OF THE JUDGMENT DATED 17.12.2013 IN WP(C) NO.18450 OF 2013 E ON THE FILES OF THIS HON'BLE COURT. |
|---|---|---|
| EXHIBIT | P2: | PHOTOCOPY OF THE REPRESENTATION DATED 24.6.2016 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. |
| EXHIBIT | P3: | PHOTOCOPY OF THE OF DECISION OF THE CHAIRMAN OF THE RESPONDENT DATED 28.2.2017. |
| EXHIBIT | P4: | PHOTOCOPY OF THE OF STATEMENT REFERRED TO IN THE WRIT PETITION. |
| EXHIBIT | P4(A) | : PHOTOCOPY OF THE STATEMENT REFERRED TO IN THE WRIT PETITION. |
| EXHIBIT | P5: | PHOTOCOPY OF THE COMMUNICATION DATED 10.3.2017 ISSUED FROM THE OFFICE RESPONDENTS VIDE E4(B)-4593/13. |
| EXHIBIT | P6: | PHOTOCOPY OF THE NOTICE ISSUED ON 24.5.2017 FROM THE OFFICE OF THE RESPONDENT. |
| EXHIBIT | P7: | PHOTOCOPY OF THE REPRESENTATION DATED 8.6.2017 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. |
| EXHIBIT | P8: | PHOTOCOPY OF THE ARREARS STATEMENT DATED 27.6.2008, REFERRED TO IN THE WRIT PETITION. |
| EXHIBIT | P9: | PHOTOCOPY OF THE STATEMENT PREPARED BY THE PETITIONER REFERRED TO IN THE WRIT PETITION. |
| EXHIBIT | P10: | PHOTOCOPY OF THE INTIMATION DATED 16.6.2017 FROM THE OFFICE OF THE RESPONDENT VIDE NO.E4(B)4593/13. |
| EXHIBIT | P11: | TRUE COPY OF THE RECEIPT NO.27451 DATED 7.4.2016 TOWARDS THE REMITTANCE OF RS.64060/- BY THE PETITIONER. |
| RESPOND | **ENTS' ** | EXHIBITS : |
| EXHIBIT | R1A: | TRUE COPY OF THE BILL AMOUNT ARREAR STATEMENTS. |
| //TRUE COPY// | ||
| P.S. TO JUDGE |
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A.K.JAYASANKARAN NAMBIAR, J.
W.P.(C). No. 21783 of 2017
===================================================== Dated this the 30th day of October, 2017
JUDGMENT
The petitioner has approached this Court seeking to quash Exts.P4 to P6 and P10 communications issued to him seeking payment of arrears of electricity charges together with interest and penal interest. The facts in the writ petition would indicate that during the year 2004, pursuant to a non payment of arrears, the service connection to the petitioner's premises was disconnected, against which the petitioner approached the Consumer Dispute Redressal Forum and obtained an interim stay against the continuance of recovery proceedings. Later, the Consumer Dispute Redressal Forum dismissed the petition preferred by the petitioner on the ground of maintainability. Immediately thereafter, the respondent Corporation in its capacity as the distribution licensee issued a notice demanding an amount of Rs.16,12,090/- from the petitioner towards arrears of electricity and interest. On non payment of the same, the service connection to the petitioner was again disconnected. Thereafter, the petitioner remitted various amounts, which were duly accounted by the respondents, and on receipt of the said amounts, the service connection was reconnected. Thereafter, on further default committed by the petitioner, the connection was once again disconnected, which led
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the petitioner to approach this Court through WP(C) No.18450 of 2013. Although payments were made by the petitioner pursuant to an interim order passed by this Court, the writ petition itself was ultimately disposed by Ext.P1 judgment dated 17.12.2013, whereby this Court refused to interfere with the demand of electricity charges, but left it open to the petitioner to submit a representation before the respondent Corporation seeking waiver of penal interest, inter alia , on the ground that there was a period when the issue was pending before the Consumer Dispute Redressal Forum, when despite the offer made by the petitioner to pay amounts, the respondent Corporation did not accept the same. Pursuant to the directions of this Court, the respondent Corporation considered the representation preferred by the petitioner for waiver of penal interest. The petitioner was invited for an Adalat, that was scheduled on 28.02.2017 and in the said Adalat, a settlement was arrived at, whereby penal interest was agreed to be reduced from 18% to 6%. As per the terms of the settlement, the petitioner has to remit an amount of Rs.10,97,317/as against the demand of Rs.17,26,444/- that was earlier proposed towards electricity charges, interest and penal interest.
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this amount on or before 31.07.2017. Taking note of the pendency of the writ petition, and the fact that the steps are now afoot, despite the financial hardship stated to be faced by the petitioner, to pay the amounts to the respondent Corporation, I am of the view that the interests of justice would be met by permitting the petitioner to remit the said amount of Rs.10,97,317/-, less the amount of Rs.1,00,000/- paid pursuant to the interim order dated 30.06.2017 of this Court, in six equal and successive monthly instalments commencing from 15.11.2017. It is made clear that, on the petitioner complying with the said direction and effecting the payments as directed in this judgment, the issue regarding arrears and interest from the petitioner for the period aforementioned shall stand closed. Needless to say, in the event of any default occassioned in respect of any of the installments, the petitioner will lose the benefit of this judgment and it will be open to the respondent Corporation to continue the recovery steps from the stage, at which they presently stand.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
das/ 30.10.2017
2 issues framed by the court
Whether the petitioner can remit the acknowledged electricity arrears in monthly instalments despite a settlement demanding full payment.
Whether the petitioner is entitled to credit for amounts paid pursuant to a previous interim order.
P.M.Manual
Thrissur Corporation
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
