IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 OP.No. 6542 of 2003(D) ------------------------------- PETITIONER(S): ---------------------- E.V.KUNJAN S/O. APPU, AGED 70, MANGATTUKALAM, AYILUR, PALAKKAD DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, TRIVANDRUM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, NEMMARA, PALAKKAD. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, AYILUR, PALAKKAD DISTRICT. R3 BY GOVERNMENT PLEADER R1, R2 BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.6542/2003-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of December, 2008. J U D G M E N T The petitioner who is a farmer is seeking for a direction to the second respondent not to collect electricity charges from him in respect of consumer Nos.5698 and 6458, for the power consumed for agricultural purposes. According to the petitioner, he is a farmer in Ayilur in Palakkad District. He has got two acres of coconut plantation and eight acres of paddy crops. He is relying on Exts.P1 and P2 Government Orders by which the Government granted exemption from payment of electricity charges on various conditions to farmers. It is stated that ignoring the same, the Board by Ext.P3 bill wanted him to remit the energy charges of Rs.4,272/- in respect of consumer No.6458. 2. The respondents have filed a counter affidavit. It is averred that for getting exemption from payment of current charges to agricultural consumers, the procedure is clearly explained in the Board Order dated 25/02/1999. As per this Board Order, the list of farmers who are eligible for exemption is prepared by the concerned Agricultural Officer of Krishi Bhavan. Such a list will be submitted to the Section Officer of K.S.E.B in O.P. No.6542/2003 -:2:- duplicate. The follow-up action will be taken in the matter by the concerned officers thereafter. 3. It is also stated that the petitioner has availed electrical connection for agricultural purpose vide consumer Nos.5698 and 6458 on 05/10/1990 and 07/11/1991 respectively for a connected load of 3 H.P. The name of the petitioner is not included in the list of the exempted farmers given by the Agricultural Officer, Krishi Bhavan, Ayilur to Electrical Section, Nenmara. It is stated that he had applied before the Vydyuthi Adalath conducted on 26/12/2002 for instalment facility to remit the arrears of current charges in the Adalath and he was granted a facility of six instalments to remit the arrears of current charges with 18% interest. 4. The learned counsel for the respondents brought to my notice the orders passed by the Electricity Board dated 12/11/1997 prescribing the various stipulations for grant of exemption. Going by item No.5 therein, it is seen that a list of cultivators eligible for exemption from payment will be prepared by the Principal Agricultural Officers and intimated to the Deputy Chief Engineers, Electrical Circles. 5. Faced with this situation, the learned counsel for the petitioner submitted that he may be given an opportunity to approach the Agricultural O.P. No.6542/2003 -:3:- Officer concerned for including him in the list of exempted agriculturists. The petitioner can file appropriate application before the concerned Officer, which will be considered by him in accordance with the scheme that is available. Subject to the above observation, this petition is disposed of. 6. If the petitioner has not remitted the amount covered by Ext.P3 so far, the same will have to be paid on or before 31/01/2009. No costs. (T.R. Ramachandran Nair, Judge.) ms O.P. No.6542/2003 -:4:- ORDER ON C.M.P.NO.11512/2003 IN O.P. No.6542/2003 DISMISSED. SD/-T.R.RAMACHANDRAN NAIR, JUDGE 11/12/2008 \\TRUE COPY// P.A TO JUDGE O.P. No.6542/2003 -:5:- T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.6542/2003-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 1 1 t h D e c e m b e r , 2 0 0 8 .