IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 20164 of 2004(A) --------------------------------------- PETITIONER: ------------------- JOSEPH THOMAS, MANAGING DIRECTOR, PONMUDI PAPER MILLS (P) LTD., VATTIYOORKKAVU, TRIVANDRUM. BY ADV. MR.P.PARAMESWARAN NAIR. RESPONDENTS: ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SPECIAL OFFICER (REVENUE), THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (COMMERCIAL & TARIFF) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. CHAIRMAN, KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM. R1 TO R4 BY ADV. MR.C.K.KARUNAKARAN, S.C, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20164/2004-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE NO. HTB 15/1953/3368 DTD. 23/06/2004 ISSUED BY THE R.1. EXT.P.2: COPY OF THE INVOICE NO. 15/1953/MAY/2004 DTD. 05/06/2004. EXT.P.3: COPY OF THE LETTER SENT BY THE PETITIONER TO THE R.1. DTD. 21/06/2004. EXT.P.4: COPY OF THE STTEMENT SHOWING THE DETAILS OF POWER FAILURE FOR THE MONTH OF JUNE, 2004. EXT.P.5: COPY OF THE LETTER SENT BY THE PETITIONER TO THE R.2. DTD. 05/07/2004. EXT.P.6: COPY OF THE ORDER NO. HTB 15/1953/PONMUDI PAPERS/2004/3308 DTD. 12/03/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRIJAGAN,J. -------------- WP(C)NO. 20164 OF 2004 ---------------------- DATED THIS THE 10TH DAY OF SEPTEMBER 2009 JUDGMENT -------- Petitioner is the Managing Director of a Company which is a consumer of electricity. The bills for arrears of electricity charges amounting to Rs. 1,00,315/-for the month of May 2004 has been served on the Petitioner vide Exts.P1 and P2. The Petitioner's grievance in respect of the bills is that an amount of Rs. 33,035/- has been charged towards interest which is exorbitant. The Petitioner therefore seeks the following reliefs:- i) a declaration that the amount of Rs.33,035 charged towards interest for the month ofMay 2004 is illegal and unreasonable; ii) a writ of mandamus or any other appropriate writ, direction or order commanding the respondents to reconnect the service to the petitioner's unit, Ponmudi Paper Mills(P)Ltd. Forthwith. iii)such other reliefs which this WP(C)NO. 20164 OF 2004 2 Hon'ble Court may deem fit and proper in the facts and circumstances of the case. The learned Counsel appearing for the Electricity Board submits that under Regulation 32(e) of the Conditions of Supply of Electrical Energy, which was in force at the relevant time, mandates that if electricity dues are not paid on or before the due date, interest will be levied at 24% p.a. According to the Standing Counsel of K.S.E.B the interest has been charged only at that rate. 2. Learned Counsel for the Petitioner submits that the interest may be waived or at least reduced.I do not think that when the statute mandates that for non payment of electricity charges on due dates, interest at the rate of 24% is payable, this Court can, in exercise of its jurisdiction under Article 226 of the Constitution of India waive or reduce the same. Therefore I do not find any merit on WP(C)NO. 20164 OF 2004 3 this Original Petition. Accordingly the same is dismissed. S.SIRIJAGAN JUDGE pkk