IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 24676 of 2009(D) -------------------------- PETITIONER(S): --------------- THRISSUR CORPORATION,ELECTRICITY DEPARTMENT REPRESENTED BY SECRETARY. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL RESPONDENT(S): --------------- 1. PAUL THOMAS.C,CHAKKALAKKAL HOUSE, P.O.NIRMALA COLLEGE,POOTHOLE,THRISSUR-680004. 2. KERALA STATE ELECTRICITY OMBUDSMEN, THANATHU BUILDING, CLUB JUNCTION, POOKKATTUPADI ROAD,EDAPPALLY TOLL,KOCHI-682024. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.24676 of 2009 ================== Dated this the 5th day of October, 2009 J U D G M E N T The petitioner challenges Ext.P5 order of the State Electricity Ombudsman, passed in a petition filed by the 1st respondent herein alleging that the petitioner, who is a licensee under the Electricity Act, is realising interest at a rate more than what is permitted by law. The contention raised by the petitioner, the Thrissur Corporation, the licensee before the Ombudsman, was that the Kerala State Electricity Board which is another licensee, is realising from the consumers interest in excess of the statutory interest for delayed payment of electricity charges. The contention raised is that the petitioner as a licensee caters to electricity consumers of only a portion of Thrissur Corporation and the balance area is catered to by another licensee, viz., the Kerala State Electricity Board. According to the petitioner, if Ext.P5 is allowed to stand, then there would be two sets of consumers within the Thrissur Corporation area, one paying less interest and other higher interest, which would amount to discrimination. The Ombudsman held that whether KSEB realises more interest or not, the petitioner as an independent licensee is bound by Section 23 of the Supply Code framed by the Kerala State Electricity Regulatory Commission, as per which, in case of delayed payments penal interest 2 at twice the bank rate based on actual number of days of delay from the due date only can be charged by the licensee. As an independent licensee, the petitioner is bound by that provision and therefore, the petitioner cannot realise interest in excess of the statutory provisions was the view of the Ombudsman. I do not find anything wrong with that finding. The fact that the Electricity Board is realising interest more than what is fixed by the Electricity Supply Code, is no ground for the petitioner to violate law, which is binding on the petitioner. On the ground of an illegality committed by the Kerala State Electricity Board, if any, the petitioner cannot claim to perpetrate the very same illegality. In so far as the Electricity Supply Code is binding on the petitioner, they cannot violate the provisions of the Code on the reasoning that the KSEB is also violating the same. In the above circumstances, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3 S.SIRI JAGAN, J. ================== I.A.No.11524 of 2009 in W.P.(C).No. 24676/2009 ================== Dated this the 5th day of October, 2009 O R D E R This I.A. is filed by the petitioner in the writ petition seeking to implead the Kerala State Electricity Board on the ground that since the Kerala State Electricity Board is also realising interest at the same rate, the petitioner is realising from the 1st respondent for delayed payment of electricity charges, which has been prohibited by the State Electricity Ombudsman by the order impugned in the writ petition, the KSEB is a necessary party to the writ petition. I am of opinion that, since the KSEB is also not entitled to recover interest at a rate in excess of what is prescribed in the Statute, no purpose would be served by impleading them in this writ petition. Accordingly, this I.A. is dismissed. sdk+ S.SIRI JAGAN, JUDGE 5