Disposed

Rev Fr Williams C.B. v. State of Kerala

Kerala HC15 Jun 2022WP(C)/8290/2022

Case brief

AI extract

What is this about?

The Court addressed a writ petition challenging an electricity disconnection notice. The petitioner, a college manager, argued liability shifted to the District Collector during the pandemic when the building was taken over under the Disaster Management Act. The Court accepted this mootness regarding past dues and granted a stay on disconnection pending the Collector's payment.

What did the court decide?

Stay granted on disconnection until petitioner pays actual usage charges post-07.04.2022; Collector directed to pay arrears.

Rev Fr Williams C.B. Vs State of Kerala — Kerala HC (2022) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944
WP(C) NO. 8290 OF 2022

¶4

PETITIONER:

¶5

REV FR WILLIAMS C.B.,
AGED 54 YEARS,
S/O. LATE BENNY LONAN, MANAGER, BELIEVERS CHURCH
CAARMEL ENGINEERING COLLEGE, RANNI-PERUNADU,
KOONAMKARA P.O., PATHANAMTHITTA DISTRICT,PIN-689711

¶6

BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
FRANKLIN ARACKAL
PAUL C THOMAS
M.B.SOORI
BABU.M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA

¶7

RESPONDENTS:

¶8

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

¶9

2 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶10

3 THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, OFFICE OF THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, OBSERVATORY HILLS, OPP. KANAKAKKUNNU PALACE, NANTHANCODE, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS SECRETARY

¶11

4 THE CHAIRMAN/THE DISTRICT COLLECTOR, DISTRICT DISASTER MANAGEMENT AUTHORITY, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA-689 645

¶12

WP(C) NO. 8290 OF 2022 -2-

¶13

`5`	`THE SECRETARY,` `RANNI-PERUNAD GRAMA PANCHAYAT,` `RANNI-PERUNAD GRAMA PANCHAYAT OFFICE,` `RANNI-PERUNAD P.O., PATHANAMTHITTA-689 711`
`6`	`THE DEPUTY CHIEF ENGINEER,` `OFFICE OF THE DEPUTY CHIEF ENGINEER,` `ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD,` `PATHANAMTHITTA-689 711`
`7`	`THE SPECIAL OFFICER (REVENUE),` `OFFICE OF THE SPECIAL OFFICER (REVENUE ),` `KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVANAM,` `PATTOM, THIRUVANANTHAPURAM-695 004`
`8`	`THE ASSISTANT ENGINEER,` `KERALA STATE ELECTRICITY BOARD LTD, PERUNAD,` `PATHANAMTHITTA DISTRICT,PIN-689 711`
`9`	`STATE OF KERALA,` `REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,` `GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001`
	`BY ADVS.` `SWAPNA VIJAYAN` `OMANAKUTTAN T.N.` `HARI KRISHNAN K.` `RASHMI K M., SR GP`
`THIS`	`WRIT PETITION (CIVIL) HAVING COME UP FOR`
`ADMISSION`	`ON 15.06.2022, THE COURT ON THE SAME DAY`
`DELIVERED`	`THE FOLLOWING:`

¶14

WP(C) NO. 8290 OF 2022 -3-

¶15

JUDGMENT

¶16

Petitioner, Manager of Believers Church Caarmel Engineering College, Ranni, knocked the door of this Court on receipt of the electricity disconnection notice dated 21.12.2021 Ext.P6 in respect of the defaulted payment of current charges relating to the period from March, 2020 to December, 2021.

¶17

The facts in brief are that in an earlier round of litigation order rejecting application for closure of the Government College, which is permissible under the Kerala Education Rules, had approached this Court vide two writ petitions Civil Nos.28527 and 25150 of 2018. The prayer for closure of the school was rejected on the ground that it has to be in a phased manner after the courses of the entire students are over and therefore, the Court dismissed the writ petitions rejecting the prayer for closure of the school.

¶18

WP(C) NO. 8290 OF 2022 -4-

¶19

It is contended that after 2019 the college is not functioning, but it has not been pleaded as to how and under what manner the students were shifted to the adjacent colleges. Be that as it may. In the year 2020, the hostel facility of the college was taken over by the District Collector under the Disaster Management Act, 2005 for combating the Covid-19 pandemic. The said building has been vacated only on 07.04.2022, thus, the demand of the electricity department for disconnecting the electric connection for non-payment of the dues from March, 2020 to December, 2021 would not sustain as the liability to pay the electricity would be of the concerned Collector. Petitioner would be only liable of actual consumption charges after handing over of the building i.e., from 08.04.2022.

¶20

Learned State Counsel, on the other hand, submitted that the District Collector has also sought a report from the Kerala State Electricity Board regarding

¶21

WP(C) NO. 8290 OF 2022 -5-

¶22

the arrears and undertakes to pay the arrears after receipt of the same.

¶23

This Court considering the predicament of the petitioner vide order dated 11.03.2022 protected the interest of the petitioner by directing the electricity department not to disconnect the electricity connection with consumer No.1346030003534.

¶24

Learned counsel for the electricity department submits that they would communicate with the Government and give the entire details of consumption in respect of the amount and period reflected in Ext.P6.

¶25

On receipt of the aforementioned details, the respondent District Collector would pay the dues to electricity department. Till such time there will not be disconnection. It is made clear that in case the petitioner fails to pay the actual usage/consumption charges after 07.04.2022 when the building was handed over, as and when demanded, the electricity department

¶26

WP(C) NO. 8290 OF 2022 -6-

¶27

will be entitled to take action in accordance with law.

¶28

Writ petition is disposed off.

¶29

Sd/- AMIT RAWAL JUDGE

¶30

vv

¶31

WP(C) NO. 8290 OF 2022 -7-

¶32

APPENDIX OF WP(C) 8290/2022

¶33

PETITIONER EXHIBITS

¶34

`Exhibit`	`P1` `A TRUE COPY OF THE JUDGMENT IN WPC` `NO.28527/2018 DATED 24.09.2018 FILED` `BY THE ENGINEERING COLLEGE`
`Exhibit`	`P2` `A TRUE COPY OF THE ELECTRICITY BILL` `DATED 05.10.2021 SERVED BY THE` `SPECIAL OFFICER (REVENUE) KSEB TO THE` `CAARMEL ENGINEERING COLLEGE`
`Exhibit`	`P3` `A TRUE COPY OF THE LETTER NO.A10` `1479/20 DATED 175.10.2020 ISSUED BY` `THE 5TH RESPONDENT TO THE 8TH` `RESPONDENT WITH ITS ENGLISH` `TRANSLATION`
`Exhibit`	`P4` `A TRUE COPY OF THE REPRESENTATION` `DATED 14.09.2021 SUBMITTED BY THE` `PETITIONER TO THE SUB COLLECTOR,` `PATHANAMTHITTA`
`Exhibit`	`P5` `A TRUE COPY OF THE REPRESENTATION` `DATED 01.11.2021 SUBMITTED BY THE` `PETITIONER TO THE DISTRICT COLLECTOR,` `PATHANAMTHTTA WITH TIS ENGLISH` `TRANSLATION`
`Exhibit`	`P6` `A TRUE COPY OF THE NOTICE` `NO.SOR/AMU3/DC/2021/335 DATED` `21.12.2021`
`Exhibit`	`P7` `A TRUE COPY OF THE REPRESENTATION` `DATED 22.02.2022 SUBMITTED BY THE` `PETITIONER TO THE DISTRICT COLLECTOR` `WITH ITS ENGLISH TRANSLATION`

Rev Fr Williams C.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rev Fr Williams C.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lysi Thomas Vs Krishamma

Mercy Thomas Vs State of Kerala

Mane Kancor Ingredients Pvt. Ltd. Vs Regional Provident Commissioner

Rajesh R. Vs State of Kerala

Parisons Estates and Industries Pvt.Limited Vs Kerala State Electricity Board

Ambili Mol Vs N.Indira Ammal