Dismissed

Kaithakuzhy Educational Association v. Kerala State Electricity Board Limited

Kerala HC26 May 2022WP(C)/2376/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an electricity demand order of Rs. 2,98,325/- levied on a self-financing educational institution. The Court held that the challenge is unsustainable as prior judgments validated the tariff revision. Limitation arguments were rejected because the demand arose from pending adjudication prior to the Code's enactment.

What did the court decide?

The writ petition is dismissed.

Kaithakuzhy Educational Association Vs Kerala… — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL

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THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944

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WP(C) NO. 2376 OF 2022

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PETITIONER:

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KAITHAKUZHY EDUCATIONAL ASSOCIATION,
VELICHIKALA (PO)-691573, KOLLAM DISTRICT, REPRESENTED
BY SECRETARY, REG.NO.Q18/1965, MR. VINOD A. PHILIP.

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BY ADVS.
JOSE ABRAHAM
E.ADITHYAN

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-595004.

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2 KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY SECRETARY, KPFC BHAVANAM, VELLAYAMBALAM, THIRUVANANTHAPURAM-595010.

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3 THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, CHATHANNOOR P.O., CHATHANNOOR, KOLLAM-691572.

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4 THE ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, CHATHANNOOR P.O., CHATHANNOOR, KOLLAM-691572.

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5 THE CHAIRPERSON, CONSUMER GRIEVANCE REDRESSAL FORUM, VYDHYUTHI BHAVANAM, KSE BOARD LTD., KOTTARAKKARA-691506.

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6 THE STATE ELECTRICITY OMBUDSMAN, CHARANGATTU BHAVAN, BUILDING NO.38/2829, MAMANGALAM-ANCHUMANA ROAD, EDAPPALLY, KOCHI-682024.

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BY ADV.

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SRI. B PREMOD, SC, KSEB.
SRI. VIPIN P VARGHESE, SC, KSERC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2376 OF 2022 -2-

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JUDGMENT

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Challenge has been laid to the assessment order Ext.P1 for consumer No.1145752012701 demanding arrears of the electricity charges of Rs.2,98,325/-, order dated 16.04.2021 of the Consumer Grievance Redressal Forum and also the order dated 16.12.2021 of the State Electricity Board Ombudsman.

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The controversy involved in the present case has already been set at rest by this Court and the honourable Supreme Court in the case of a self financing educational institution being provided with a LT VIF consumer with effect from 2007 which has been revised the tariff to LT VIIA. The Single Bench of this Court dismissed the writ petition whereas the Division Bench reversed the findings. The matter was taken up in the Supreme Court and the Supreme Court in Kerala State Electricity Board through its Special Officer (Revenue) and another V. M.R.F. Limited (1996 KHC 1401) upheld the judgment of the Single Bench. In few of the cases the consumer had got the payment adjusted towards the future bills but in the present

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WP(C) NO. 2376 OF 2022 -3-

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case assessee had not paid the revised tariff.

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The challenge against the demand cannot be entertained at this time as the judgment had validated the demand of the Electricity Board for changing the tariff of the self financing educational institutions. The grievances of the petitioner that demand is ex facie time barred in view of Regulation 136 of the Electricity Supply Code, 2014 or Section 56 of the Code, is not sustainable as the period for which demand was raised is prior to promulgation of the Kerala Electricity Supply Code and the matter was pending in the Court. It is only after the adjudication, the demand could have been raised. The petitioner, in order to avoid liability at this stage, ought to have paid it with adjustment, but cannot raise the dispute of limitation at this stage of time.

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No ground for interference is made out. Writ petition is accordingly dismissed.

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Sd/-

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AMIT RAWAL JUDGE

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vv

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WP(C) NO. 2376 OF 2022 -4-

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APPENDIX OF WP(C) 2376/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE SHORT ASSESSMENT
BILLS AMOUNTING TO RS.2,98,325 DATED
27.10.2020 WITH TRANSLATION.

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Exhibit P2TRUE COPY OF THE ORDER DATED 16TH
APRIL 2021 IN OP NO.110 OF 2020 PASSED
BY THE HONOURABLE CGRF.
Exhibit P3TRUE COPY OF THE ORDER DATED 16TH
DECEMBER 2021 IN OP/56/2021 PASSED BY
THE ELECTRICITY OMBUDSMAN.
Exhibit P4TRUE COPY OF THE ORDER IN WP(C)
NO.18599 OF 2020 DATED 11.9.2020.

Kaithakuzhy Educational Association v. Kerala State Electricity Board Limited

Case brief

What is this about?

What did the court decide?

Kaithakuzhy Educational Association v. Kerala State Electricity Board Limited

Case brief

What is this about?

What did the court decide?

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