IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WA.No. 2085 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.39965/2003 DATED 08/06/2009 .................... APPELLANT(S): PETITIONER IN WPC ------------------------------- K.K.FRANCIS,AGED 57 YEARS, S/O.K.U.KURIAN,KALANKERIL HOUSE, KUTHEYATHODU, KODATHURUTHU, CHERTHALA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): RESPONDENTS IN WPC --------------------------------- 1. KERALA STATE ELECTRICITY BOARD,REP.BY SECRETARY,VAIDHYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM, PIN - 695 001. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION,KODATHURUTHU, CHERTHALA, PIN - 688 524. MR.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W.A. No.2085 of 2010 -------------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single Judge declining to interfere with the appellate order confirming the electricity bill issued on the appellant for the period from 1998 to 2001. 2. We have heard learned counsel for the appellant and Shri.C.K.Karunakaran, learned Standing Counsel appearing for the KSEB. 3. The appellant's case is that he was running a tea shop in his own house on the road side. There was only one connection to his house and to the tea shop portion, on which the entire consumption was charged on commercial tariff under LT-VIIA. However, appellant's case is that on account of steady loss, the tea shop was closed, and even though he requested for conversion of connection from commercial to domestic, the case of the KSEB is that such a request is not made. We do not think there is any need W.A.No.2085/2010 -:2:- to consider this question because admittedly, supply was disconnected in June 1998 on account of accrued arrears. Learned Standing Counsel for the KSEB based on records submitted that request for conversion of tariff was made in the year 2001, and supply was restored on payment of arrears only in November, 2003. In view of these facts, we feel the power charges billed on estimated basis at commercial tariff from June, 1998 to November, 2003 i.e. the period supply remained disconnected, is unsustainable. We therefore quash the bill sustained in appeal to that extent. Actual arrears payable up to June, 1998 should be set off from the payments made and balance, if any, should be adjusted towards fixed charges payable for six months' from June, 1998 to December, 1998. We also declare that the appellant will not be liable to pay fixed charges beyond six months, which is the maximum period available to the KSEB for dismantling the connection. This Writ Appeal is therefore allowed in part sustaining power charges up to June, 1998 and fixed charges from June, 1998 to December, 1998, and all other charges and interest demanded from June, 1998 to November, 2003 will stand cancelled. The W.A.No.2085/2010 -:3:- respondents are directed to make adjustment as above and adjust refund, if any, towards future bills. This Writ Appeal is partly allowed. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. jg