IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 11155 of 2007(C) ----------------------------------------- PETITIONER(S): ------------------------- 1. K.JAGANATHAN, S/O.KANTHASWAMY GOUNDER, CONSUMER NO.1187, RESIDING AT KEERIPRA KALAM, ATTAYAMPATHY P.O., KOZHIPPARA, CHITTUR, PALAKKAD. 2. K.VELLINGIRI, S/O.KANTHASWAMY GOUNDER, CONSUMER NO.2183, RESIDING AT KEERIPRA KALAM, ATTAYAMPATHY P.O., KOZHIPPARA, CHITTUR, PALAKKAD. 3. S.SANTHY, W/O.SHANMUGHAM, CONSUMER NO.8652, RESIDING AT KEERIPRA KALAM, ATTAYAMPATHY P.O., KOZHIPPARA, CHITTUR, PALAKKAD. 4. S.KABIL KUMAR, S/O.SHANMUGHAM, CONSUMER NO.1170, RESIDING AT KEERIPRA KALAM, ATTAYAMPATHY P.O., KOZHIPPARA, CHITTUR, PALAKKAD. 5. M.AUXILIAN, S/O.MICHEL, CONSUMER NO.1844, RESIDING AT MANALKADU, PARISAKKAL P.O., MENONPARA, CHITTUR, PALAKKAD. 6. M.SIVALINGAM, S/O.MUTHUSWAMY GOUNDER, CONSUMER NO.9053, RESIDING AT LALAPUTHOOR, ATTAYAMPATHY P.O., CHITTUR, PALAKKAD. 7. DHANALAKSHMY, W/O.SIVALINGAM, CONSUMER NO.1191, RESIDING AT LALAPUTHOOR, ATTAYAMPATHY P.O., CHITTUR, PALAKKAD. 8. R.SUNDARARAJAN, S/O.LATE M.C.RAMASWAMY GOUNDER, CONSUMER NO.4633, K.K.CHALLA, K.K.PATHY P.O., CHITTUR, PALAKKAD. BY ADVS.MR.V.CHITAMBARESH MR.T.C.SURESH MENON MR.JIBU P THOMAS MR.SUNIL J.CHAKKALACKAL W.P.(C) NO.11155/2007 RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, VELANTHAVALAM, CHITTUR TAUK, PALAKKAD DISTRICT. 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, NATTUKAL, PALAKKAD DISTRICT. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VADAKARAPATHY, CHITTUR TALUK, PALAKKAD DISTRICT. 4. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, ERUTHEMPATHY, PALAKKAD DISTRICT. R1, R2 BY ADV. MR.P.P.THAJUDEEN, SC, KSEB R3 & R4 BY GOVT. PLEADER MR.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11155/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN OP. 6059/2000 ON THE FILE OF THIS HONOURABLE COURT DTD. 20.1.06. P2:- COPY OF THE JUDGMENT IN OP. NO.5645/2000 ON THE FILE OF THIS HONOURABLE COURT DTD. 2.6.06. P3(SERIES):- COPY OF THE POSSESSION CERTIFICATE/ TAX RECEIPT OF THE PETITIONERS. P4:- (SERIES)COPY OF THE ELECTRICITY BILLS OF THE PETITIOENRS ISSUED BY THE IST RESPONDENT. P5:- COPY OF THE INTERIM ORDER IN WP(C) 4469/07 ON THE FILE OF THIS HONOURABLE COURT DTD. 9.2.07. P6:- COPY OF THE INTERIM ORDER IN WPC. 6662/07 ON THE FILE OF THIS HONOURABLE COURT DTD. 28.2.07. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.11155 OF 2007 (C) -------------------------------------------------- Dated this the 8th day of October, 2009 J U D G M E N T Claim of the petitioners is for the entitlement of agricultural tariff, on the basis that they hold agricultural lands covered by Ext.P3 series of tax receipts and possession certificates. It is contended that similar issue has been decided by this court in Exts.P1 and P2 judgments, following earlier judgments. 2. However, learned Government Pleader on instructions from the Agricultural Officer submits that on enquiry through the Village Officer, Kozahipathi, it was revealed that the petitioners did not possess any agricultural land. The issue as to whether the petitioners possess agricultural land or not is thus a matter in dispute and unless this dispute is resolved and the Agricultural Officer issued certificate, their claim cannot be considered. 3. In view of the above, it will be open to the petitioners to produce title deeds and other documents, before respondents 3 and 4 to prove that they own agricultural land and in which event respondents 3 and 4 shall verify the documents and cause necessary enquiry to be conducted and if WP(c).No.11155/07 2 satisfied, shall issue necessary documents certifying the eligibility of the petitioners for benefit of agricultural tariff. Once the aforesaid process is completed, it is directed that respondents 1 and 2 shall extent the benefits to the petitioners, if they are entitled. Writ Petition is disposed of. (ANTONY DOMINIC) JUDGE vi/