IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WA.No. 626 of 2008 --------------------------------- AGAINST THE ORDER IN WPC.5001/2008 Dated 10/03/2008 .................... APPELLANTS:RESPONDENTS 1 & 2:- -------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, THRISSUR. BY STANDING COUNSEL SRI.C.K.KARUNAKARAN. RESPONDENTS: PETITIONER/RESPONDENTS 3 & 4:- ------------------------------------------------------------------------- 1. PUTHOOR GRAMA PANCHAYATH, PUTHOOR, REPRESENTED BY ITS SECRETARY, T.K.ASOKAN, S/O. VELAYUDHAN, THARAYILKKATTIL HOUSE, P.O. KOLAKATTUCHALLU, MALAPPURAM. 2. MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO WATER RESOURCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 BY ADV. SRI.G.S.REGHUNATH SRI.SHEEJO CHACKO R2 BY STANDING COUNSEL SMT.AMBIKA DEVI. R3 BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.626 of 2008 ------------------------------------------------------- Dated, this the 31st day of March, 2008 JUDGMENT H.L.Dattu, C.J. Against the interim order passed by the learned Single Judge in W.P.(C) No.5001/2008 dated 10th March, 2008, the Kerala State Electricity Board (“Board” for short) is before us in this appeal. (2). Puthoor Grama Panchayath was the writ petitioner in W.P.(C) No.5001/2008. The prayers sought in the writ petition were to call for the records relating to Ext.P1 (demand notice) and to quash the same. Secondly, for a direction to the respondents to restore the electric connection of RWSS Marathakkara (Rural Water Supply Scheme) in Puthoor panchayat forthwith, and lastly to declare that the petitioner is not liable to pay the electricity charges as petitioner is paying maintenance charges for 74 Hydrants in the scheme to the Water Authority. (3). By way of interim relief the petitioner Panchayath had requested the Court to direct the Board to restore the electric connection to (Consumer No.5575) forthwith. (4). The learned Single Judge, keeping in view the peculiar facts and circumstances of the case, has directed the Board to restore the power connection to Consumer No.5575 forthwith. While saying so the learned Single Judge in para 10 of the judgment has observed as under: W.A.No.626/2008 -2- “10. Hence, it is further directed that the Board or the Government shall not enforce any recovery following Ext.P1 or insist on any payment till 22nd May, 2008 and within such period the Government shall decide regarding the mode of liquidation of the outstandings shown to be due in terms of Ext.P1 including the identity of the authority bound to discharge such liability and also as to whether any ameliorative benefits are to be extended to reduce the outstandings.” (5). Being aggrieved by the interim direction so issued, the Board is before us in this appeal. (6). When the matter was posted before us for admission, we had directed Smt. Ambika Devi, to take notice for the Kerala Water Authority and Sri.G.S.Reghunath to take notice for the Puthoor Grama Panchayath, and, further we had requested them to obtain appropriate instructions from their clients. (7). On instruction, Smt.Ambika Devi, learned Standing Counsel for the Kerala Water Authority would submit that, since the Grama Panchayath is not in a position to pay the amounts due to the Board, the Water Authority will take up the responsibility to pay the current consumption charges in a sum of Rs.8,55,744/- to the Board within six week's time from today which is again subject to the decision of the State Government as directed by the learned Single Judge. Further, the learned counsel would submit that the Water Authority may be permitted to make an application for W.A.No.626/2008 -3- One-Time-Settlement, waiver of penal interest, surcharge etc before the Chairman of the Board. The learned counsel further requests that, if such an application is filed, a direction may be issued to the Chairman of the Board to consider and pass appropriate orders on such application, in accordance with law. (8). Sri.G.S.Reghunath, learned counsel appearing for the Panchayath would submit that, pursuant to the direction issued by the learned Single Judge, they have already approached the State Government to decide who is liable to pay the arrears of electricity charges to the Board and the same is pending consideration. (9). The primary relief that was sought in the writ petition was to direct the Board to restore the power supply to Consumer Number 5575. Pursuant to the direction issued by this Court, the Board has already restored power supply to Consumer No.5575. Since the Water Authority has made an application for grant of new connection, the Board has granted new connection and has supplied electrical energy to the consumers in the Grama Panchayath area. Since the main relief itself is granted by the Board by restoring the power supply to Consumer No.5575, it may not be necessary for us to go into the other details of the case. Further, as agreed by the learned counsel appearing for the Water Authority, they are directed to deposit a sum of Rs.8,55,744/- (Rupees eight lakhs fifty five thousand seven hundred and forty four only) within six week's from today. They are also at liberty to make an application before the Chairman of the Board for One-Time-Settlement/ waiver of interest and the surcharge for the arrears of electricity charges W.A.No.626/2008 -4- payable by the Grama Panchayath who has now transferred all the assets relating to water supply to the Water Authority (10). With the above observations and directions, the writ appeal is disposed of. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS/DK.