IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 18909 of 2004(A) -------------------------- PETITIONER: ------------ JACOB KURUVILA, S/O.K.J.KURUVILA, KOLLAMPARAMBIL, VADAYAR VILLAGE, THALAYOLAPARAMBU, VAIKOM. BY ADV. SRI.S.RADHAKRISHNAN RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, KS.E.B. VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, VAIKOM. 3. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION, THALAYOLAPPARAMBU 4. THE DISTRICT COLLECTOR, KOTTAYAM. 5. THE SPECIAL TAHSILDAR (RR), VAIKOM. 6. THE VILLAGE OFFICER, VADAYAR. BY ADV. SRI.C.K.KARUNAKARAN/SRI. KODOTH SREEDHARAN SC FOR KSEB FOR R1, 2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 & P1(a) TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 27.4.2004 EXT.P2(a) TRUE COPY OF THE ELECTRICITY BILL DATED 1.8.89. EXT.P2(b) TRUE COPY OF THE ELECTRICITY BILL DATED 15.9.1992 EXT.P2(c) TRUE COPY OF THE ELECTRICITY BILL DATED 10.12.99 EXT.P3 & P3(a) TRUE COPY OF DISCONNECTION NOTICE DATED 20.3.2002 AND THE STATEMENT ATTACHED THERETO SPECIFYING THE AMOUNT TO BE PAID. EXT.P4 TRUE COPY OF THE NOTICE DATED 12.1.2004 EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 16.1.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 18909 OF 2004 -------------------------------------------- Dated this the 23rd day of May, 2008 JUDGMENT Petitioner is challenging recovery proceedings for recovery of arrears of electricity dues. Both the petitioner's counsel as well as standing counsel for KSEB concede that connection given in 1989 was dismantled in the year 2003 and the petitioner was paying fixed charges till 2001. The industrial unit for which connection was taken never commenced production and therefore petitioner was liable to pay only fixed charges. In any case since arrears were paid upto 2001 and balance arrears shown due under Ext.P3(a) is only Rs. 8170/- out of which Rs. 1050/- was fixed charges, I dispose of the W.P. directing the third respodnent to verify the balance liability as shown in Ext.P4 and give breakup details of the liability to thepetitioner within two weeks from the date of production of a copy of this judgment. Petitioner is granted further two weeks' time to make payment of actual dues and interest thereon. Recovery proceedings will remain stayed for three months from now and recovery thereafter will be based on revised demand to be made by the third respondent. (C.N. RAMACHANDRAN NAIR) Judge kk 2