IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 OP.No.28891 of 2000(M) ---------------------------- PETITIONERS: ---------------- 1. ANNAMMA JOHN, MADATHIKUNNEL HOUSE, CHUZHALI P.O., KANNUR DISTRICT. 2. SEBASTIAN JOSEPH, KUNNATHPURAYIDAM, CHUZHALI P.O., KANNUR DISTRICT. 3. K.T. CHACKO, KARINGADAYIL HOUSE, CHUZHALI P.O., KANNUR DISTRICT. 4. GEORGE JOSEPH, KUNNATHPURAYIDAM, CHUZHALI P.O., KANNUR DISTRICT. 5. DOMINIC K.J., KALAPPURACKAL, CHUZHALI P.O., KANNUR DISTRICT. 6. LAKSHMANAN UNDAPPURAYIL, CHUZHALI P.O., KANNUR DISTRICT. BY MR.V.C.JAMES, ADVOCATE. MR.GEORGE MECHERIL, ADVOCATE. RESPONDENTS: ------------------ 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, PAYYANNUR, 3. ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, SREEKANDAPURAM, KANNUR DISTRICT. OP.No.28891/2000 4. ASST. ENGINEER, ELECTRICAL MAJOR SECTION, SREEKANDAPURAM, KANNUR DISTRICT. BY MR. C.K. KARUNAKARAN, SC, KSEB. MR.N.D.PREMACHANDRAN, SC, KSEB FOR R1 MR.S.RAMESH BABU, ADVOCATE. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No.28891/2000 Order on C.M.P.No.48757/2000 in OP.No.28891/2000 Closed. 05.03.2009 Sd/- S. SIRI JAGAN, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO ONE OF THE GUARANTEER DTD. 3.8.1998. EXT. P2 : COPY OF THE NOTICE ISSUED BY ONE OF the GUARANTOR. EXT. P3 SERIES: COPY OF THE DEMAND OF DISCONNECTION NOTICE ISSUED BY THE KSEB TO THE PETITIONERS DTD. 26.9.2000. EXT. P4 : COPY OF the CALCULATION STATEMENT FROM THE OFFICE OF the 4TH RESPONDENT. EXT. P5 : COPY OF the INTERIM ORDER IN CMP No.39093/2000 IN O.P.No.23193/2000 IN THE HIGH COURT OF KERALA, ERNAKULAM DTD. 18.9.2000. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ O.P.No. 28891 OF 2000 ---------------------------------------- Dated this the 5th day of March, 2009 JUDGMENT The petitioners claim to be farmers. They obtained an electricity connection for agricultural purposes. They entered into a minimum guarantee agreement with the Kerala State Electricity Board for the said connection as per which they were liable to pay an amount of Rs.180/- per month. There was default in payment of the same. Recovery proceedings were initiated which are challenged in this original petition. This was one of a batch of writ petitions of which the others are O.P.Nos.23193/2000, 34376/2000, 33463/2001,3341/2001 and 32013/2002 filed by similarly placed petitioners, all of which have disposed of. The judgment in O.P.No.32013/2002 reads thus: “This is second O.P. filed by the petitioner in the very same matter. Dispute is with regard to petitioner's liability to pay minimum guaranteed amount which petitioner is liable to pay as the cost of installation was above Rs.20,000/-. The demand is at the rate of Rs.126/- per month. Since recovery is pending for the last nearly five year, and since petitioner is a farmer, an exemption is granted from O.P.No.28891/2000 2 payment of interest, provided entire arrears are paid on or before 30.4.2007. However, if the petitioner does not make payment then waiver of interest will stand automatically vacated and respondents will take coercive steps for recovery including disconnection. O.P. is closed as above. If connection is used bona fide for agricultural purposes, then the Board will restore connection immediately on clearing the entire arrears and on complying with formalities for restoration of connection”. Since the petitioners in this original petition are identically situated like the petitioner in that original petition, I am inclined to dispose of this original petition also in terms of that judgment. However, the learned Standing Counsel for the Kerala State Electricity Board would bring to my attention that the amount of Rs.180/- per month was as per the rate prevailing at the relevant time, which has subsequently been revised and therefore the payment should be on the basis of the prevailing rate from time to time. I find merit in that contention of the learned Standing Counsel. In the above circumstances, I dispose of this original petition with a direction to the petitioners to pay minimum guarantee for each month from the date of default as per the rate prevailing for each month as revised subsequently by the O.P.No.28891/2000 3 Electricity Board (which according to the Electricity Board is Rs.284.47/-), on or before 30.4.2009. If the petitioners pay arrears as directed above on or before 30.4.2009, the petitioners would be exempted from payment of interest. However, if the petitioners do not make payment as directed above, the waiver of interest will stand automatically vacated and the respondents would be free to take coercive steps for recovery of the entire amount with interest including disconnection. If connection was used bona fide for agricultural purposes and the connection has not been restored then the Board will restore connection immediately on clearing the entire arrears and on complying with formalities for restoration of connection. S. SIRI JAGAN, JUDGE Acd O.P.No.28891/2000 4