IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23499 of 2009(F) -------------------------- PETITIONER(S): --------------------- 1. MUHAMMED SUNEER, S/O. MOHAMMEDKUTTY, PUTHENVEEDU HOUSE, SANATHANAM WARD, ALAPPUZHA. 2. BABU RAJ, S/O. MADHAVAN NAIR, VATTATHUPARAMB, GURUVAYOOR. 3. S.DASAN PILLAI, UTHRAM NIVAS, C.M.C.-15,CHERTHALA. 4. S.SUBAIR, S/O. SHIAK MAIDHEEN, KARUPARAMBIL, ADHIKATTUKULANGARA P.O. NOORNADU. 5. JAYADEEP.S.,KARTHIKA, SREENAGAR,2ND CROSS, HOUSE NO.88,VALLAMKULAM P.O., TRIVANDRUM. 6. A.NIZAR,KALLUMAL VEEDU, KARUVATTA NORTH P.O.,ALAPPUZHA 7. V.RADHAKRISHNAN, DEVI VILASAM, MUDAVANMUGHAL, TRIVANDRUM. 8. E.ABDUL LATHEEF, CHIRAYILVADAKKETHIL, KRISHNAPURAM P.O.,OCHIRA. 9. HANEEFA, THARATHEKKETHIL, MEMANA, OCHIRA. 10. RAJASEKHARAN PILLAI, RAJ BHAVAN, NJAKKANA P.O., KRISHNAPURAM, OCHIRA 11. SUGATHAN,PAZHUVILA VEEDU, CACHIKONAM, KUTTUKADU, KADAKKAL. 12. HARIDASAN O., THUNDATHILVADAKKETHIL, NJAKKANA P.O., OCHIRA. 13. IBRAHIMKUTTY M.,PEROOR, MEMANA P.O. OCHIRA. 14. A.SALAM, PAVOOR PADATHIL, NJAKKANA, OCHIRA. 15. A.BASHEER, KUTTIYIL VADAKKETHIL, MEMANA, OCHIRA. 16. BALAN,SWAMI SARANAM, NJAKKANAL P.O., OCHIRA. 17. RAJU K.,KUTTIKKAKATHU, PRAYAR SOUTH, ALUMPEEDIKA, OCHIRA. 18. SALIM, PALLIYUDE KEEZHAKKETHIL, PAYIKKUZHIL, OCHIRA. 19. SHIBU V., THANNAKKAL VEEDU, MUDUKULAM SOUTH, KAYAMKULAM. 20. R.SASI KUMAR, RADAVINCHIRA BUNGLOW, MUDHUKULAM SOUTH P.O., KAYAMKULAM. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT(S): ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTAM P.O. THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS CHAIRMAN. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PATHANAMTHITTA-689645. 3. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, VADASSERIKARA-689 662. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM -695 010 REPRESENTED BY ITS SECRETARY IN-CHARGE. 5. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY SC SRI. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP (C) NO.23499 OF 2009 -------------------------------------------------------- Dated 17th August 2009 Judgment RAMAN, J. The petitioners are the members of Sabarimala – Pamba Contractors and Merchants Association, who auctioned the stalls belonging to the Travancore Devaswom Board in Pamba and Sabarimala regions. They are conducting various types of business including conducting music stalls, food/tea/coffee stalls to cater the needs of the pilgrims to Sabarimala. The stalls are auctioned every year. Electricity connection is available to each of these stalls in the name of the individual contractor in whose favour the bid is confirmed. Since the temple will be opened only on specific days and during the festival season, the tender conditions stipulate that they can conduct the business only during this period. So, roughly, the business can be conducted only for a period of 140 days over the one year period. WPC 23499/09 2 2. It is the contention of the petitioners that the fact being thus as stated, the stalls are kept closed for the remaining days as there will be no business and further, the tender conditions also will not permit them to do business beyond the period so stipulated. When the Board demanded electricity charges @ Rs.15.60 per unit, they raised a dispute before the Kerala State Electricity Regulatory Commission, who by Ext.P2 order, held that the connection given to them can be treated only as LT-III Temporary Connection. The tariff applicable to LT-III Temporary Connection is as follows : “LOW TENSION-III (LT-III) TEMPORARY CONNECTION Tariff applicable for illumination, exhibition, festivals, public meeting and fairs single or three phase. LT-III Temporary Connections Energy charge (Paise/kWH)-1200 or Daily minimum Rs.120/KW or part thereof of connected load, whichever is higher. Note -40% concession in the rates shall be allowed if the connection is for : (a) Exhibitions conducted by local bodies/ Government Educational Institutions/ recognized private educational institutions. (b) Festivals of public religious worship centres for illumination public address system and security lighting.” WPC 23499/09 3 The Electricity Board however demanded electricity charges at the prescribed rate for all the days, irrespective of whether there is any business conducted or whether there was any consumption of electricity on all such days for the periods mentioned in the bills. 3. According to the petitioners, since only temporary connections are granted, charges can be levied only for the period during which actual business was authorised to be conducted. In other words, since the very auction is for a specific period mentioned in the tender conditions, there is no justification for deeming that they have been using electricity for all the days during the period mentioned in the bills and demanding electricity charges on that basis is totally unwarranted and against the very scheme of the tariff notification issued. It is their contention that for temporary connection, minimum charges are leviable at a higher rate than the usual rate applicable to a permanent connection. Over and above such higher rates, they cannot be treated as though they WPC 23499/09 4 are using electricity for all the days. It is contended that when the connection is only temporary for a particular period, they cannot be asked to pay electricity charges beyond the period for which temporary connection is given. In this case however, there is a little difference. The connection is not given for a particular number days. If that be so, there would not have been any difficulty because once the temporary connection period expires, the question of charging the consumer beyond that period will not arise. But in the present case, a connection is given which is not disconnected either immediately after the season or after the period. Whenever the business is conducted the connection is retained. But the business is conducted only on the days on which they are authorised, as per the tender conditions. Therefore, this is a special case where distinction may have to be made. However, the petitioners can raise their grievance before the Consumer Grievances Redressal Forum, who may take into consideration the totality of the circumstances and may decide as to what is the period for which charges are leviable in the case of the petitioners. WPC 23499/09 5 In the facts and circumstances of the case, the writ petition is disposed of as follows: Each of the petitioners shall pay 50% of the amounts demanded as per the bills. The collection of the balance amount will stand stayed until a decision is taken by the Consumer Grievances Redressal Forum. The petitioners shall file representations highlighting their grievances before the said Forum within two weeks from today. The CGRF will dispose of the matter in accordance with law after hearing the parties. If 50% of the amounts demanded as per the bills are paid, the connection shall be restored. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sb. WPC 23499/09 6 WPC 23499/09 7