Disposed

Ajimon.S v. Special Officer (Revenue) Kseb

Kerala HC19 Jun 2024WP(C)/21898/2024

Case brief

AI extract

What is this about?

The court disposed of the writ petition seeking permission to pay electricity bill arrears in instalments. The court directed the petitioner to pay the outstanding amount in ten equal monthly instalments with interest, directing restoration of supply upon payment of the first instalment.

What did the court decide?

Permission to pay outstanding energy charges in ten equal monthly instalments with applicable interest; restoration of supply on first instalment payment.

Ajimon.S Vs Special Officer (Revenue) Kseb — Public Procurement and Tenders | Kerala HC (2024)

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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 N.NAGARESH

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WEDNESDAY, THE 19^TH DAY OF JUNE 2024/29TH JYAISHTA, 1946

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WP(C) NO. 21898 OF 2024

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PETITIONER:

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AJIMON.S AGED 43 YEARS S/O. SULAIMAN RAWTHER, PARAMPIL VILA VEEDU, KAMBALADI, POORUVAZHI P.O, KOLLAM, PIN – 690540

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BY ADVS. SHIBU JOSEPH SAYED MANSOOR BAFAKHY THANGAL

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RESPONDENTS:

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1 SPECIAL OFFICER (REVENUE) KSEB PATTOM, THIRUVANANTHAPURAM, PIN – 695004

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2 THE EXECUTIVE ENGINEER KSEB, PUTHOOR, SUB-DIVISION, KOTTARAKARA, KOLLAM, PIN – 690540

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BY ADV.RIJI RAJENDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21898/2024

: 2 :

N. NAGARESH, J.

W.P.(C) No.21898 of 2024

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Dated this the 19^th day of June, 2024

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioner, who is Proprietor of AS Metal

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Crusher and M-Sand Unit, has filed this writ petition seeking to direct the 1^st respondent to consider Ext.P2 request granting 24 months instalments for remitting arrears in electricity bill to the 2^nd respondent.

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The petitioner states that due to certain difficulties in business, he defaulted in payment of electricity bills. In the month of March, 2024, a demand notice was issued on the petitioner for ₹18,41,164/- as per Ext.P2. The petitioner thereupon made a request seeking 24 months time to pay the defaulted amounts in instalments. By Ext.P3, the petitioner was permitted to pay the amount in five monthly instalments.

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W.P.(C) No.21898/2024

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: 3 :

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The petitioner paid an amount of ₹3,18,775/- on 07.05.2024. The petitioner has again been served with another demand notice for ₹15,34,780/-. When payment was defaulted, the respondents disconnected electric supply even though the petitioner had remitted an amount of ₹5,00,000/- as per Ext.P4 and an amount of ₹3,18,775/- as evidenced by Ext.P5. The petitioner states that he will be able to pay the arrears if reasonable breathing time is granted to the petitioner.

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Standing Counsel entered appearance on behalf of the 2^nd respondent and resisted the writ petition. On behalf of the 2^nd respondent, the Standing Counsel submitted that the petitioner was repeatedly required to pay energy charges. The petitioner was granted time to make the payment in instalments. Still, the petitioner failed to clear the dues. In such circumstances, the supply was disconnected.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

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W.P.(C) No.21898/2024

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: 4 :

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The pleadings and arguments would indicate that the petitioner is running an industrial unit at Thiruthikkara Karimthottuva, Kollam. The facts revealed in the case indicate that the petitioner has been making substantial payments in order to clear the dues. Taking into consideration the facts of the case, I am of the view that the petitioner can be given a breathing time to clear the outstanding amount. The Standing Counsel would submit that the outstanding amount payable by the petitioner would exceed ₹15,34,780/-.

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In the facts of the case, the writ petition is disposed of permitting the petitioner to pay the outstanding energy charges in ten equal monthly instalments along with applicable charges and interest. On the petitioner paying the first instalment, electricity supply should be restored. If the petitioner commits a single default in making payments as directed above, the respondents will be at liberty to proceed in accordance with law.

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Sd/-

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N. NAGARESH, JUDGE

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aks/25.07.2024

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W.P.(C) No.21898/2024

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: 5 :

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APPENDIX OF WP(C) 21898/2024

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PETITIONER'S EXHIBITS

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Exhibit P 1	TRUE PHOTOSTAT COPY OF THE NOTICE ISSUED IN MARCH 2024 IS THE 1ST RESPONDENT DATED 5/4/202	DEMAND SUED BY 4
Exhibit P 2	TRUE PHOTOSTAT COPY OF THE DATED 03-04-2024 SUBMITTED PETITIONER BEFORE THE 1ST RESPON	REQUEST BY THE DENT
Exhibit P 3	TRUE PHOTOSTAT COPY OF	THE
	COMMUNICATION ISSUED BY T RESPONDENT TO THE PETITIONER DA 04-2024	HE 1ST TED 06-
Exhibit P 4	TRUE PHOTOSTAT COPY OF TH STATEMENT OF THE PETITIONER EV	E BANK IDENCING
	THE SAID PAYMENT AN AMOUNT 5,00,000-00 ON 05-04-2024	OF RS
Exhibit P 5	TRUE PHOTOSTAT COPY OF THE TRA DETAILS EVIDENCING THE SAID PAY AMOUNT OF RS 3,18,775-00 ON 07-0	NSACTION MENT AN 5-2024
Exhibit P 6	TRUE PHOTOSTAT COPY OF THE NOTICE FOR MAY DATED 07-05-2024	DEMAND

Ajimon.S v. Special Officer (Revenue) Kseb

Case brief

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Ajimon.S v. Special Officer (Revenue) Kseb

Case brief

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