A hotel proprietor's application under the One Time Settlement Scheme-2023 for electricity arrears was rejected on the ground that the arrear notice postdated 20.07.2021. The court found the demand covered pre-cutoff periods and set aside the rejection, directing reconsideration per the Commission's order dated 19.07.2023.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
WP(C) NO. 26994 OF 2023
PETITIONER
K. BAIJU,
AGED 60 YEARS
PROPRIETOR, M/S. HOTEL AMBALAKKARA REGENCY,
PULAMON P.O, EZHUKONE, KOTTARAKKARA,
KOLLAM, PIN – 691531
BY ADVS.
HARISANKAR V. MENON
MEERA V.MENON
L.RAJESH NARAYAN
R.SREEJITH
K.KRISHNA
PARVATHY MENON
RESPONDENTS:
1 THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM P.O THIRUVANANTHAPURAM, PIN - 6950042 THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 6950043 THE CHIEF ENGINEER (DISTRIBUTION SOUTH), KERALA STATE ELECTRICITY BOARD LTD, KOLLAM, PIN - 6916014 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD, KOTTARAKKARA, KOLLAM, PIN - 6915315 THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD, KOTTARAKKARA EAST, KOLLAM, PIN – 691531WP(C) NO.26994 OF 2023
BY ADV NIRMAL.S-R1 TO R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.26994 OF 2023
3
JUDGMENT
Dated this the 12th day of March, 2024
The petitioner is aggrieved by Ext.P7 communication, whereunder his application for One Time Settlement of pending dues stands rejected.
WP(C) NO.26994 OF 2023
4
more than two years will be eligible to apply for One Time Settlement Scheme-2023, if the arrears resulted from demand raised prior to 20.07.2021. The respondents are taking a stand that since Ext.P1 demand was issued after 20.07.2021, the petitioner’s case will not fall under One Time Settlement Scheme-2023.
WP(C) NO.26994 OF 2023
5
State Electricity Regulatory Commission has been conducting hearing and finalised the One Time Settlement - 2023. If the petitioner has any objection in the methodology of considering the age of arrears, they can represent before the Commission which is not seen done.
and the learned Standing Counsel representing the respondents.
WP(C) NO.26994 OF 2023
6
period anterior to 20.07.2021. Ext.P7 Communication of the Special Officer (Revenue) Kerala State Electricity Board
Limited would show that as per order dated 19.07.2023 in O.P No.35 of 2023 of the Kerala State Electricity Regulatory Commission, arrear current charges on or before 19.07.2021 were eligible for One Time Settlement Scheme 2023.
WP(C) NO.26994 OF 2023
7
enure to the benefit of the petitioner till the respondents take
a decision afresh as directed above.
The writ petition is disposed of as above.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.26994 OF 2023
APPENDIX OF WP(C) 26994/2023
PETITIONER EXHIBITS
Exhibit P1 |
COPY OF THE ARREA |
R NOTICE ISSUED TO |
|---|---|---|
THE PETITIONER BYDTD. 15-04-2022 |
THE 2ND RESPONDENT |
|
Exhibit P2 |
COPY OF THE CHARTEFFECTED BY THEELECTRICITY CHARGES |
SHOWING THE PAYMENTPETITIONER TOWARDSDTD. NIL |
Exhibit P3 |
COPY OF THE COMMUN9/5487/2023-24/16RESPONDENT DTD. 16- |
ICATION NO,. SOR/HTBISSUEDN BY THE 2ND06-2023 |
Exhibit P4 |
COPY OF THE COMMUN9/5487/2023-24/124RESPONDENT DTD. 24- |
ICATION NO,. SOR/HTBISSUEDN BY THE 2ND07-2023 |
Exhibit P5 |
COPYOF THE RELEVANTIME SETTLEMENT SCH |
T PAGES OF THE ONEEME 2023 DTD. NIL |
Exhibit P6 |
COPY OF REQUESTPETITIONER BEFOREDTD,. 08-08-2023 |
SUBMITTED BY THETHE 2ND RESPONDENT |
Exhibit P7 |
COPY OF THE COMMUN9/5487/2023-24/129RESPONDENT DTD. 11- |
ICATION NO,. SOR/HTBISSUEDN BY THE 2ND08-2023 |
RESPONDENT ANNEXU |
RES |
|
ANNEXURE R2 (A) |
THE TRUE COPY ODISCONNECTION NOTIC |
F THE ARREAR CUME DATED 20.07.2023 |
2 issues framed by the court
Whether the petitioner was eligible for the One Time Settlement Scheme-2023 given that the arrear demand covered consumption periods prior to 19.07.2021 even though the notice was issued later.
Whether Ext.P7 rejection of the petitioner's One Time Settlement application could stand.
K. BAIJU
THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LTD.
THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD LTD.
THE CHIEF ENGINEER (DISTRIBUTION SOUTH), KERALA STATE ELECTRICITY BOARD LTD
THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD, KOTTARAKKARA
THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD, KOTTARAKKARA EAST
N.NAGARESH
As recorded by the court registry
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