IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 21714 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. SABARIMALA PAMBA CONTRACTORS AND MERCHANTS ASSOCIATION (REG.NO.P.460/1999), PAMBA, REPRESENTED BY ITS PRESIDENT M.R. P.R.VIDYADHARAN, THATTEKKATTIL HOUSE, GURUNATHANMANNU P.O., PATHANAMTHITTA DIST., PIN-689 667. 2. MANIVELIL SADASIVAN, AGED 63 YEARS, SECRETARY, SABARIMALA-PAMBA CONTRACTORS AND MERCHANTS ASSOCIATION (REG.NO.P 460/1999), PAMBA. 3. O.MAJEED, AGED 62 YEARS, TREASURER, SABARIMALA-PAMBA CONTRACTORS AND MERCHANTS ASSOCIATION (REG.NO.P 460/1999), PAMBA. 4. P.OMANAKUTTAN, AGED 51 YEARS, MEMBER, SABARIMALA-PAMBA CONTRACTORS AND MERCHANTS ASSOCIATION (REGD.NO.P.460/1999), PAMBA. 5. DEVAPRAKASH, AGED 42 YEARS, MEMBER, SABARIMALA PAMBA CONTRACTORS AND MERCHANTS ASSOCIATION (REG.NO.P.460/1999), PAMBA. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR SRI.JOSON MANAVALAN WPC 21714/09 -2- RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM- 695004, REPRESENTED BY ITS CHAIRMAN. 2. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PATHANAMTHITTA-689 645. 3. ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, VADASSERIKARA-689 662. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010,REPRESENTED BY ITS SECRETARY-IN-CHARGE. 5. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & 3 SRI.V.KRISHNA MENON FOR R5 SMT.SREEDELI KAILASANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP (C) NO.21714 OF 2009 -------------------------------------------------------- Dated 12th August 2009 Judgment RAMAN, J. The first petitioner is a registered association of the contractors and merchants, who auctioned the stalls belonging to the Travancore Devaswom Board in Pamba and Sabarimala regions. Petitioners 2 to 5 are members of the first petitioner association. They are conducting various types of business including conducting food/tea/coffee stalls to cater the needs of the pilgrims to Sabarimala. These stalls are situated in the land belonging to the Travancore Devaswom Board and the stalls are auctioned every year. Electricity connection is available to each of these stalls in the name of the individual contractor in whose favour the bid is confirmed. Since the temple will be opened only on specific days and during the festival season, the tender conditions stipulate that they can conduct the business only during this period. So, roughly, the business can be conducted only for a period of 140 days over the one year period. WPC 21714/09 2 2. It is the contention of the petitioners that the fact being thus as stated, the stalls are kept closed for the remaining days as there will be no business and further, the tender conditions also will not permit them to do business beyond the period so stipulated. When the Board demanded electricity charges @ Rs.15.60 per unit, they raised a dispute before the Kerala State Electricity Regulatory Commission, who by Ext.P6 order, held that the connection given to them can be treated only as LT-III Temporary Connection. The tariff applicable to LT-III Temporary Connection is as follows : “LOW TENSION-III (LT-III) TEMPORARY CONNECTION Tariff applicable for illumination, exhibition, festivals, public meeting and fairs single or three phase. LT-III Temporary Connections Energy charge (Paise/kWH)-1200 or Daily minimum Rs.120/KW or part thereof of connected load, whichever is higher. Note -40% concession in the rates shall be allowed if the connection is for : (a) Exhibitions conducted by local bodies/ Government Educational Institutions/ recognized private educational institutions. (b) Festivals of public religious worship centres for illumination public address system and security lighting.” WPC 21714/09 3 The Electricity Board however demanded electricity charges at the prescribed rate for all the days, irrespective of whether there is any business conducted or whether there was any consumption of electricity on all such days for the period from 1.1.2009 to 15.6.2009. 3. By Ext.P7, an amount of Rs.1,90,040/- was demanded. Likewise, by Ext.P7(a) Rs.3,20,070/-, as per Ext.P7(b), Rs.2,49,354/- and by Ext.P7(c), Rs.2,84,295/- were demanded. According to the petitioners, since only temporary connections are granted, charges can be levied only for the period during which actual business was authorised to be conducted. In other words, since the very auction is for a specific period mentioned in the tender conditions, there is no justification for deeming that they have been using electricity for all the days during the period 1.1.2009 to 15.06.2009 and demanding electricity charges on that basis is totally unwarranted and against the very scheme of the tariff notification issued. It is their contention that for temporary connection, minimum charges are leviable at a higher WPC 21714/09 4 rate than the usual rate applicable to a permanent connection. Over and above such higher rates, they cannot be treated as though they are using electricity for all the days. It is contended that when the connection is only temporary for a particular period, they cannot be asked to pay electricity charges beyond the period for which temporary connection is given. In this case however, there is a little difference. The connection is not given for a particular number days. If that be so, there would not have been any difficulty because once the temporary connection period expires, the question of charging the consumer beyond that period will not arise. But in the present case, a connection is given which is not disconnected either immediately after the season or after the period. Whenever the business is conducted the connection is retained. But the business is conducted only on the days on which they are authorised, as per the tender conditions. Therefore, this is a special case where distinction may have to be made. However, the petitioners can raise their grievance before the Consumer Grievances Redressal Forum, who may take into consideration the totality of the circumstances WPC 21714/09 5 and may decide as to what is the period for which charges are leviable in the case of the petitioners. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the following amounts : Demand notice Amount Ext.P7 32,634.00 Ext.P7(a) 42,750.00 Ext.P7(b) 5,994.00 Ext.P7(c) 54,855.00 The payments shall be made within one week from today. If amounts are paid as directed above, further proceedings to recover the balance amount to be paid under each demand notices, will stand stayed until a decision is taken by the Consumer Grievances Redressal Forum. On making payments as aforesaid, the electricity connection to the petitioners' stalls will be restored provisionally, subject to further orders that may be passed by the Forum. The petitioners shall file representations highlighting their grievances before the said Forum within two weeks from today and in that event, the Forum WPC 21714/09 6 shall consider and dispose of the same in accordance with law as expeditiously as possible. The Writ Petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 21714/09 7