IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 20051 of 2006(K) --------------------------------------- PETITIONER: ------------------- A.M.SANOOJ, PROPRIETOR, ZAHI TYRES, AYIKKARAPPADI.P.O, PULIKKAL VIA., PIN-673 637. BY ADV. SRI. JESWIN P. VARGHESE. RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE, MANJERI. 3. THE ASSISTANT ENGINEER, KSEB, ELECTRICAL SUB DIVISION, MANJERI. 4. THE SPECIAL OFFICER (REVENUE), KSEB, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20051/2006-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE H.T AGREEMENT DT. 02/05/03 BY THE PETITIONER. EXT.P.2: COPY OF THE APPLICATION DT. 25/12/2003 BEFORE THE ASSISTANT EXECUTIVE ENGINEER BY THE PETITIONER. EXT.P.3: COPY OF THE REPRESENTATION DT. 15/02/2006 BEFORE THE R.2. BY THE PETITIONER. EXT.P.4: COPY OF THE JUDGMENT IN W.P.7301/06 DT. 13/03/2006 PASSED BY THIS HONOURABLE COURT. EXT.P.5: COPY OF THE PROCEEDINGS DT. 18/05/2006 BY THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI TO THE PETITIONER. EXT.P.5.A: COPY OF THE REQUEST DT.1 7/07/2006 BY THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.20051 of 2006 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to reduce the contract demand of the petitioner from 700 KVA to 500 KVA w.e.f. June 2003 and at any rate from 25-12-2003 and to refund the excess amount collected continuously thereafter by way of adjustment in future bills. It is the admitted position that a consumer is entitled to reduce the contract demand in terms of the Regulations. Under Regulation 14 (a) of the Conditions of Supply of Electrical Energy it is provided that with six months' notice and upon executing a fresh agreement, the contract demand can be reduced. The six months' period is provided so as to enable the parties to enter into a new agreement. It is admitted in the counter affidavit itself that the petitioner had submitted an application on 15-1- 2004. If six months is to be calculated from the said date, the petitioner shall be permitted to have the contract demand reduced as per Ext.P2 request from 700 KVA to 500 KVA with W.P(C) No.20051 of 2006 -:2:- effect from 14-7-2004. Instead the date given is 6-6-2005 from the date of installation of new current transformer. The installation of new current transformer has nothing to do with the reduction of contract demand. In case the petitioner did not install the current transformer the penal consequence under the Conditions of Supply should have followed. That issue cannot be clubbed with the reduction of contract demand. Therefore, it is declared that the petitioner shall be entitled to the reduction of contract demand with effect from 14-7-2004 for all purposes. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.20051 of 2006 ----------------------------------- JUDGMENT 24th September, 2008