BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: SRI.R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.K.N.SATHEESAN(RETD. DISTRICT JUDGE) MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 OP.No. 6808 of 2002(I) ---------------------- PETITIONER: ------------- SAMUHYA JALASECHANA KARSHAKA SANGHOM, KIZHAKKE POOMALA, REG. NO.24/92, REP. BY ITS PRESIDENT, THOMAS ANTHONY. BY MR.N.P.SAMUEL, ADVOCATE RESPONDENTS: ---------------- 1. THE KERALA STATE ELECTRICITY BLOARD, REP. BY ITS SECRETARY, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E.BOARD, ELECTRICAL MAJOR SECTION VIYYUR, THRISSUR DISTRICT. 3. THE ASSISTANT ENGINEER, OFFICE OF THE ELECTRICITY ENGINEER, MULAMKUNNATHUKAVU, THRISSUR. 4. THE PRINCIPAL AGRICULTURAL OFFICER, CHEMBUKKAVU, THRISSUR. BY MR.T.G.RAJENDRAN SC FOR K.S.E.B. FOR R1TOR3 GOVERNMENT PLEADER MR.S.DILIP MR.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO R3 THIS ORIGINAL PETITION HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 23/11/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: O.P.No.6808/2002 C.M.P.No.12008/2002 IN O.P.No.6808/2002 CLOSED. Sd/- R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) Sd/- K.N.SATHEESAN (RETD. DISTRICT JUDGE) 23.11.2009 TRUE COPY P.A TO JUDGE SRI.R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.K.N.SATHEESAN (RETD. DISTRICT JUDGE) =============================== O.P.No.6808 of 2002 =============================== Dated this the 23rd day of November, 2009 AWARD We have heard Adv.B.K.Gopalakrishnan representing the counsel for the petitioner-Adv.N.P.Samuel, Smt.Smitha M.K, Agricultural Officer, Mulamkunnathukavu, Thrissur, representing the Principal Agricultural Officer as also Smt.Sucy George representing K.S.E.B, Mulamkunnathukavu. During the course of hearing copy of the communication No.T.A.(2)8175/2009 dated 26.10.2009 is placed before us. We have taken copy of the said communication on file. The grievance of the petitioner, it is reported by the counsel for the petitioner, stands redressed by the said communication which he has gone through. Smt.Sucy George as also Smt.Smitha M.K. submitted that an amount of Rs.1,311/-(Rupees one thousand three hundred and eleven only) is due to the Board from the petitioner which represents the electricity charges for the period from January,1997 to March 1997. Counsel for the petitioner does not dispute the liability to pay this amount for the reason that it is so meagre and there is no point in racking up controversy on that. We accept the submission. In view of what is stated above an Award is passed recording that the petitioner O.P.No.6808/2002 2 is entitled to the benefit of exemption from paying the current charges in terms of the communication by the Principal Agricultural Officer referred above. This Award further provides that the petitioner shall pay to the K.S.E.B a sum of Rs.1,311/-(Rupees one thousand three hundred and eleven only) as stated above. Having regard to the purpose and object of the exemption extended to the society, K.S.E.B is not expected to further burden the society with the surcharge though in strict law the Board may be entitled to levy the same. R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) K.N.SATHEESAN (RETD. DISTRICT JUDGE) dvs