IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 AS.No. 423 of 1998(A) ------------------------------- OS.92/1996 of SUB COURT, KASARAGOD .................... APPELLANT(S): PLAINTIFFS ------------------------ ABDUL MUNNEER K., S/O. K.ARABI, PROPRIETOR, M/S. NATIONAL WOOD PRODUCTS KUNJATHUR, MANJESHWAR, KASARAGOD TALUK. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): DEFENDANTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD, THIRVANANTHAPURAM, REP.BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICAL MAJOR SECTION, UPPALA. 3. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL MAJOR SECTION, UPPALA. BY ADV. MR. C.K.KARUNAKARAN SC THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.334/1998 IN AS. NO.423/1998 Dismissed 27.01.2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J ----------------------- A.S.NO. 423 OF 1998 --------------------------------- Dated this the 27th day of January, 2009 JUDGMENT The suit is one for declaration and injunction. The plaintiff is running an industry at Kunjathur Village in Kasaragod Taluk. He has availed electricity connection to the industry. The sanctioned connection is for machineries having a load of 100 K.W. The plaintiff is running machineries having a load of 100 K.W by using the electrical power. It is the case of the plaintiff that the Electricity Board had issued a fresh invoice demanding to remit a sum of Rs. 63,360/-. The charge is payable only under the L.T billing scheme where as the Kerala State Electricity Board demands from the H.T billing tariff. Therefore he has prayed for a declaration. 2. The defendants would contend that the plaintiff has installed a generator that too without permission. The Anti Theft Squad on inspection found that the plaintiff has unauthorisedly extended his consumption installations to a nearby building and was consuming 45 K.W exceeding over and above the connected load. It is also contended that the suit is not maintainable in view of the various provisions under the Electricity Acts and Rules. The trial A.S. 423/19982 -2- court on a consideration of the entire materials and after raising a specific issue regarding the maintainability of the suit held that there is provision for appeal and without resorting to the same a suit can be instituted. A perusal of the judgment would reveal that the trial court had considered the matter elaborately under the issue No. 5 in pargraphs 16 to 18 of the judgment. The crux of the finding is to the effect that there are various provisions under the rules for redressal of grievances and the remedy for the party is to avail those facilities and not to file a case of this nature. It has referred to Rules 42, 48, 38 and 32 etc. and held that the suit is barred. This question came up for consideration before the apex court also in the decision reported in Punjab State Electricity Board and another v. Ashwani Kumar [1997 (5) SCC 120]. The apex court held that: “Suit for injunction restraining Electricity Board from collecting and recovering electricity dues filed by respondent consumer - Jurisdiction of civil court barred by necessary implication, remedy by way of departmental appeal being available”. So in the light of this decision, I hold that the civil court has no jurisdiction as rightly found out by the trial court. Therefore the A.S. 423/19983 -3- appeal lacks merits and the same is dismissed. It is true that long number of years is passed after the dismissal of the suit and on the basis of an order of injunction the plaintiff has not paid the amount. But as a last chance for him, I permit him to pay the balance amount due in six monthly instalments commencing from 27th February 2009. If two consecutive installments are defaulted, the Board can proceed for the realisation of entire amount as envisaged by law. Parties are directed to bear there respective costs. M.N. KRISHNAN,JUDGE vkm