IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19920 of 2009(H) -------------------------- PETITIONER(S): --------------- PERINGOTTUKURISSI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PERINGOTTUKURISSI, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDHUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KUZHALMANNAM, PALAKKAD DISTRICT. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, PERINGOTTUKURISSI, PALAKKAD DISTRICT. 4. THE PRINCIPAL AGRICULTURAL OFFICER, PALAKKAD DISTRICT. 5. THE TAHSILDAR, ALATHUR, PALAKKAD DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1,2 BY GOVT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19920 OF 2009 ------------------------ Dated this the 15th day of July, 2009. JUDGMENT Petitioner, Peringottukurissi Grama Panchayat, claims the benefit of Exts.P1 and P2 Government Orders, whereby farmers were given exemption from payment of electricity charges, which is ordered to be reimbursed by the Government to the Kerala State Electricity Board. 2. It is stated that on a previous occasion, claiming entitlement of the benefit of Exts.P1 and P2, the concerned Padasekhara Smithies, had approached this court by filing O.P.No.702/03 and by Ext.P3 order, stay of recovery was passed and that the said original petition was allowed by Ext.P4 judgment rendered on 30th October, 2006. It is stated that subsequently, the respondents have issued Ext.P5 to the petitioner declining them the benefit of Exts.P1 and P2 on the ground that the records in their WP(c).No.19920/09 2 office show that the Agricultural Officer did not exempt consumer No.2213 from paying electricity charges. In pursuance to Ext.P5, the past arrears are sought to be recovered by Exts.P6 and P6(a). It is at that stage that this writ petition has been filed by the petitioner asserting their claim for the benefit of Exts.P1 and P2. 3. A reading of the judgment of this court in Ammini Gopalakrishnan V. State of Kerala (2002(3) KLT 553) shows that this court had directed that on the persons claiming the benefit of Exts.P1 and P2 approaching the Agricultural Officer, the Agricultural Officer shall visit the farms, conduct inspection and certify the eligibility, if he finds that the concerned applicant is eligible for the benefit of the scheme. A reading of Ext.P5 referred to above shows that it was only due to absence of such an eligibility certificate that the claim of the petitioner for the benefit of Exts.P1 and P2 has been declined. WP(c).No.19920/09 3 4. Therefore having regard to the above and taking into account the case of the petitioner that it being a local authority, is providing facilities for the benefit of farmers in the locality, the writ petition is disposed of with the following directions. 5. It will be open to the petitioner to approach the 3rd respondent for getting their facilities inspected. The 3rd respondent shall thereupon inspect the facilities and if he is satisfied that the consumer No.3313 maintained by the petitioner is eligible for the benefit of Exts.P1 and P2, he shall issue certificate to that effect. If a certificate to that effect is issued, it will be open to the petitioner to move the 2nd respondent, who shall there upon re-consider Ext.P2. In order to enable the petitioner to obtain the certificate as above and move the 2nd respondent and if eligible get the benefits of Exts.P1 and P2, it is directed that further proceedings pursuant to Exts.P5 and P6 will be deferred for a period of 6 weeks from today. It is made clear that in case the WP(c).No.19920/09 4 petitioner moves the Agriculture Officer as above, the said Officer shall inspect the facilities and pass final orders in the matter within 3 weeks thereafter. vi (ANTONY DOMINIC) JUDGE WP(c).No.19920/09 5