IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 OP.No. 38858 of 2001(A) ----------------------- PETITIONER: ------------ 1. SAKTHIDHARAN, S/O.MARATH KANJAYAPPAN, AGED 58 YEARS, P.O.EDAMUTTAM, THRISSUR DIST. 2. MRS.ARUNA PARAMESWARAN, W/O.PARAMESWARAN, AGED 50 YEARS, KUNNAMPARAMBIL HOUSE. P.O.KAZHIMBRAM, THRISSUR DIST. 3. MRS.BISSING NAKULAN, W/O.NAKULAN, AGED 46 YEARS, VAZHAPPALLY HOUSE, P.O., KAZHIMBRAM, THRISSUR DT. 4. V.A.VINODAN, S/O.APPU, AGED 41 YEARS, VAZHAPPALLY HOUSE, P.O.EDAMUTTAM, THRISSUR DIST. 5. SUDHEER, S/O.LALITHADEVI, KARIPARAMBATH HOUSE, 37 YEARS, EDAMUTTAM DESOM, VALAPPAD VILLAGE, KARYAVATTOM P.O., THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM 2. KERALA STATE ELECTRICITY BOARD, REP. BY CHIEF ENGINEER, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, VALAPPAD, THRISSUR DT. 4. KERALA KRISHI BHAVAN, VALAPPAD, EDAMUTTAM, THRISSUR DT. BY ADV. SRI.KODOTH SREEDHARAN, SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.63758/2001 IN O.P.NO.38858/2001 CLOSED 14-3-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF G.O(MS)NO.311/95/AD DT.31-8-99 EXT.P2. TRUE COPY OF THE G.O(MS)NO.235/98/AD DTD. 31-10-98 EXT.P3. TRUE COPY OF THE ORDER NO.B.O.NO.1831/98 (P19.COM.3443/97) DATED 28-8-1998. EXT.P4 SERIES. TRUE COPY OF THE DEMAND NOTICE ISSUED BY 3RD RESPONDENT TO THE PETITIONERS. EXT.P5. TRUE COPY OF THE INTERIM ORDER DATED 16-11-01 IN C.M.P.NO.56698/01 IN O.P.NO.34698/2001 / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No.38858 of 2001 ----------------------------------------- Dated this the 14th day of March, 2008 JUDGMENT Petitioners approached this court challenging Ext.P4 notice. The issue pertains to the claim made by the petitioners for exemption from payment of electricity charges since the petitioners are consumers of electricity for agricultural purposes and having extent only below the prescribed extent. There is already an interim order ever since 21-12- 2001. Therefore, this writ petition is disposed of making it clear that only in case the petitioners are found to be in possession of agricultural land in excess of the prescribed extent and only if the petitioners are using energy for purposes other than what is permitted under the relevant government order, there shall be any action against the petitioners. Needless to say that the interim orders will continue till such a finding is made after notice to the petitioners and the concerned Agricultural Officer. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.38858 of 2001 ----------------------------------- JUDGMENT 14th March, 2008