IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 27499 of 2008(W) -------------------------- PETITIONER(S): --------------------- 1. A.MOHANAN, S/O.N.K.APPUKUTTAN, NEDUVILIKALAM, OZHIYUPARA, PALLASSANA, PALAKKAD. 2. G.USHA, W/O.A.MOHANAN, NEDUVILIKALAM, OZHIYUPARA, PALLASSANA, PALAKKAD. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KOLLENGODE, PALAKKAD. 3. AGRICULTURAL OFFICER, KRISHI BHAVAN, PALLASSANA, PALLAVUR, PALAKKAD. R1 & R3 BY GOVT. PLEADER SRI. BEJOY CHANDAN. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 27499 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2008 JUDGMENT Ext.P1 is an order of the Government of Kerala, by which exemption is granted from payment of electricity charges for farmers irrigating paddy and other cultivations from 1.8.1995. It is the case of the petitioners that it is the third respondent, namely the Agricultural Officer, Palakkad, who has to make the payment. Petitioners have submitted Exts.P6 and P7 applications and therefore the third respondent is duty bound to make the payments. It is stated that failure to make the payments demanded resulted in disconnection. The prayers in the writ petition are to direct the third respondent to remit the electricity charges as per Exts.P2 and P3, to declare that the petitioners are entitled to electricity charge exemption as per Ext.P1 Government Order and to direct the second respondent to restore connections. 2. I heard learned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the Board. 3. Petitioners had approached this court earlier and it was pointed out at that stage that there was no application filed by the petitioners and therefore there was no obligation on the part of the Agricultural Officer WPC. 27499/2008. 2 to remit the bills. Apparently for non-payment of the bills, the connection came to be disconnected. Subsequently petitioners, in pursuance of the judgment in the earlier writ petition filed by them, have filed Exts.P6 and P7. 4. Learned Government Pleader points out that action was taken on the same by the third respondent and the third respondent has recommended the grant of exemption. It is submitted by the learned Government Pleader that from 12.8.2008, which is the date of the applications, the petitioners have become entitled to the benefit of Ext.P1 Government Order and the third respondent will become liable to pay the charges. 5. Though learned counsel for the petitioners points out that even the amounts, for non-payment of which disconnection took place, are to be paid by the third respondent, there does not appear to be merit in the said contention as in the earlier writ petition itself it was found that there was no application and recommendation and Ext.P1 would not apply at that stage. In other words, Ext.P1 will apply, as pointed out by the learned Government Pleader, from 12.8.2008. As far as disconnection is concerned, it is for the petitioners to get the disconnection revoked by paying the amount payable as per law. WPC. 27499/2008. 3 In these circumstances, the writ petition is disposed of as follows: Upon payment of the entire amount by the petitioners as required in law, the electricity connections will be forthwith restored to the petitioners. Thereafter, from 12.8.2008 the third respondent will remit the amounts payable on the basis of the applications submitted as Exts.P6 and P7, which stands recommended by the third respondent. (K.M. JOSEPH, JUDGE) sb