IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 20870 of 2007(H) -------------------------- PETITIONER(S): -------------- ABDUL RAHIMAN P.A., S/O.ABDU MUSLIAR (LATE), PULAKKAL HOUSE, PERUMUKKU, ALAMKODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHUTHI BHAVAN, TRIVANDRUM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, K.S.E.B., CHANGARAMKULAM, MALAPPURAM DISTRICT. 3. THE AGRICULTURE OFFICER, KRISHI BHAVAN, ALAMKODE, MALAPPURAM DISTRICT. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF AGRICULTURE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. R3 & R4 BY GOVT. PLEADER SRI.S.ABDUL SALAM R1 TO R2 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011 ALONG WITH WP(C) NO.28010 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 20870 of 2007(H) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF THE GOVERNMENT ORDER NO.GO(MS)73/97/AD DATED 01.03.1997. EXT.P2 COPY OF THE GOVERNMENT ORDER NO.GO(MS)NO.235/98/AD DATED, 31.10.1998 EXT.P3 COPY OF THE GOVERNMENT ORDER NO.GO(MS)NO.30/1999/ AGRICULTURE DATED, 04.02.1999. EXT.P4 COPY OF THE NOTICE OF DEMAND ISSUED BY THE KSEB TO THE PETITIONER DATED, 28.05.2007. RESPONDENT'(S) EXHIBITS: NIL //TRUE COPY// PA TO JUDGE BKA K. VINOD CHANDRAN, J. ------------------------------------------ WP(C) NO. 20870 OF 2007 & WP(C) NO.28010 OF 2007 ------------------------------------------ Dated this the 19th day of December, 2011 J U D G M E N T Petitioners in these two writ petitions claim to be agriculturalists entitled to exemption from payment of electricity charges under Exts.P1 to P3 government orders. Admittedly, the petitioners are LT V consumers, who claim to have applied to the appropriate authority for registering them as agriculturalists entitled to exemption under Exts.P1 to P3 orders from payment of electricity charges. The petitioners assert that they have approached the 3rd respondent and had filed application forms for consideration of exemption under the government orders. The petitioners also have obtained interim orders against the demand notice Ext.P4 and P5 issued in both the writ petitions. The petitioner's counsel would urge before me that in a similar situation, a learned Single Judge had WP(C) NO. 20870 OF 2007 & WP(C) NO.28010 OF 2007 ..2.. directed the Agricultural Officer to visit the petitioner's land and decide on the eligibility for exemption under Ext.P3 and P4 orders. The counsel for Electricity Board would submit that unless the agriculturalists are registered with the Krishi Bhavan and then the Krishi Bhavan in turn intimated the registration and their eligibility, no exemption can be granted under Ext.P1 to P3 government orders. The Govt. Pleader relying on the statement in one of the writ petitions, contends that the said petitioner has not applied for any registration. Be that as it may, considering the submission of the learned counsel for the petitioners that they are agreeable to an inspection to be conducted by the 3rd respondent, who is to decide on the eligibility for availing exemption; I propose to dispose of the matter. In the circumstances, these writ petitions are disposed of with a direction to the 3rd respondent to visit the petitioner's property and conduct investigation as to their eligibility to be considered under Exts.P1 to P3 government orders and WP(C) NO. 20870 OF 2007 & WP(C) NO.28010 OF 2007 ..3.. intimate the Electricity Board about the same. The petitioner shall produce a copy of this judgment before the 3rd respondent within a period of two weeks from the date of receipt of a certified copy and the 3rd respondent shall within a period of two months therefrom conduct the inspection and communicate the eligibility or the disentitlement of the petitioners to avail of the exemption as per Exts.P1 to P3 government orders to the KSEB. In the event of no communication being received from the 3rd respondent, the Electricity Board after coordinating with the 3rd respondent, shall be entitled to proceed with recovery even in the event of the petitioners having not approached the 3rd respondent as directed herein above. These writ petitions are disposed of with the above directions. K. VINOD CHANDRAN, JUDGE bka/-