IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 15542 of 2007(A) -------------------------------------- PETITIONER: ------------------- K.K.SIVAN, AGED 47, THEVALATHIL HOUSE, CONVENOR, BENEFICIARY COMMITTEE, PRIYADARSHINI S.C.COLONY IRRIGATION PROJECT, KUNTHALAMPARA, KATTAPPANA. BY ADV. SRI.S.SACHITHANANDA PAI. RESPONDENT: ---------------------- EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, KATTAPPANA. BY PUBLIC PROSECUTOR MR. P.P. THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15542/2007-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 18/10/2005 MADE BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P.2: COPY OF THE LETTER DTD. 17/10/2005 OF THE KATTAPPANA BLOCK PANCHAYATH, KATTAPPANA. EXT.P.2.A: RESOLUTION DTD. 25/07/2005 OF KATTAPPANA BLOCK PANCHAYATH. EXT.P.3: COPY OF THE LETTER DTD. 18/07/2006 SENT BY AGRICULTURAL OFFICER, KATTAPPANA. EXT.P.4: COPY OF THE ORDER NO. 9/REV/06-07/TC/1709 DTD. 07/12/2006 OF THE RESPONDENT. EXT.P.5: COPY OF THE LETTER DTD. 03/01/2007 SENT BY THE PETITIONER TO THE RESPONDENT. EXT.P.6: COPY OF THE LETTER DTD. 26/03/2007 OF THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15542 of 2007-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of March, 2010. Judgment A scheduled caste colony came up in Kattappana. That is under the jurisdiction of the Kattappana Block Panchayat. The colony required water for irrigation facilities. The extent of land involved was about 5 acres. Electricity was provided by the KSEB for the project. However, they treated it as supply of energy for drinking water rather than for an irrigation project. Resultantly, the supply got classified under LT- IV tariff. Later, the members of the said colony understood that they were paying the higher tariff. They accordingly sought the involvement of the Kattappana Block Panchayat. The Panchayat resolved to request the KSE Board to revise the tariff as the supply was for an irrigation purpose and not for a drinking water project. There is no prohibition of the use of the water WPC15542/2007 -: 2 :- that is available under an irrigation project, for drinking. At any rate, KSEB cannot say that water taken for irrigation cannot be used for drinking purpose. Potable water is required for human beings. It is not a case where an authority supplying water like the Kerala Water Authority makes a classification based on the purpose of the user of the water. Therefore, when supply of electrical energy is made for irrigation purpose and when it is not disputed that the water is being utilised for irrigation purpose, that too, for the purpose of a colony in a challenged sector, which requires such support in terms of the constitutional scheme, it is only appropriate that the conversion of tariff from LT IV to LT-V, which has been given by the Board, is given retrospective effect from the point of time at least when the application for such conversion was made. Accordingly, this writ petition is ordered directing that conversion from tariff LT- IV to LT-V will be operative from 18.10.2005, the date of the application for conversion and the WPC15542/2007 -: 3 :- account will be reconciled on such basis and settled at least against future remittances, accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1204