IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 34473 of 2004(D) -------------------------- PETITIONER: ------------ P.P.JOHN, AGED 69, S/O. P.P. JOHN, PALATHINKAL, CHATHAMMA, PANANGAD P.O., PIN-682 506. BY ADV. SRI.A.V.XAVIER SRI.JOLLY JOHN RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE ASSISTANT ENGINEER, ELECTRICAL SECTION, MARADU. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KANAYANNOOR TALUK. 3. VILLAGE OFFICER, KUMBALAM VILLAGE, PANANGAD P.O., PIN-682 506. R1 BY ADV. SRI.C.K. KARUNAKARAN, SC, KSEB R2 AND R3 BY G.P. SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER BY THE SXENIOR SUPDT. OF THE FIRST RESPONDENT DATED 20.10.97 ALLOWING THE EXEMPTION OF PAYMENT OF ELECTRICITY CHARGES TO CON. NO. 2735 EXT.P2 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 17.6.2004 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED NIL BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE LETTER FROSM THE FIRST RESPONDENT DATED 14.7.2004 TO THE PETITIONER EXT.P5 TRUE COPY OF THE DEMAND NOTICE DATED 10.11.2004 BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 34473 OF 2004 -------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of electricity charges in respect of a connection given under consumer No. 2735A. According to the petitioner, petitioner had only one connection which is agricultural connection for a motor which is exempt from payment of electricity charges. However, without petitioner's request, KSEB installed another meter which is for recording consumption in a bulb provided to light the motor room. Light is certainly required for operating the motor in the night. If the petitioner has not requested for any separate connection, then Board's action in separating the bulb from the motor and providing separate meter for the same is absolutely unwarranted. First respondent is directed to verify whether petitioner applied for separate connection or whether connection is volunteered by the KSEB without any demand by the petitioner and whether it was only for lighting purpose in the motor shed. If Board has given a separate connection without any request from the petitioner, and the 2 same is only for one light point, there will be direction to the first respondent to withdraw the demand and communicate the same to the second respondent within two weeks from the date of receipt of a copy of this judgment. However, if the petitioner has applied for any separate connection then petitioner is liable to pay electricity charges and in that event, arrears could be recovered from the petitioner. Second respondent is directed to withhold recovery proceedings until orders are passed by the first respondent, as directed above. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3