IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 OP.No. 35492 of 2000(A) --------------------------------- PETITIONER: ------------------ C.P.CHINNAMMA, W/O. A.I.BABY, ARIMBOOR HOUSE, MARATHENCODE- 680 604. BY ADV. SRI.A.K.CHINNAN SRI.GIGI MATHEW RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, DISTRIBUTION DIVISION, KUNNAMKULAM- 680 503. 4. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, KUNNAMKULAM. 5. DEPUTY DIRECTOR OF AGRICULTURE, CHEMBUKKAVU, TRICHUR. 6. OFFICER IN CHARGE, KRISHI BHAVAN, KAIMAYOOR, KUNNAMKULAM- 680 517. 7. OFFICER IN CHARGE, KRISHI BHAVAN, PORKULAM- 680 542, KUNNAMKULAM. BY GOVERNMENT PLEADER SRI.P.A.SALIM- R1, R5 TO R7. ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB – R2, R3, R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO.35492/2000-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF BASIC TAX RECEIPT DATED 04/03/1997. EXT.P2: COPY OF PROVISIONAL INVOICE CARD OF CONSUMER NO.1476 FROM 2/97. EXT.P3: COPY OF APPLICATION DATED 28/04/1997 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF BILL DATED 04/07/2000 ISSUED BY THE K.S.E. BOARD. EXT.P4(a): COPY OF BILL DATED 03/11/2000 ISSUED BY THE K.S.E. BOARD EXT.P5: COPY OF BASIC TAX RECEIPT DATED 21/02/1997. EXT.P6: COPY OF PROVISIONAL INVOICE IN RESPECT OF CONSUMER NO.1990. EXT.P7: COPY OF THE APPLICATION DATED 28/04/1997 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. EXT.P8: COPY OF BILL DATED 15/05/2000. EXT.P8(a): COPY OF BILL DATED 09/11/2000. EXT.P9: COPY OF COMPLAINT DATED 27/11/2000 ISSUED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.35492 of 2000-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008. JUDGMENT The petitioner is a consumer of electricity. She is an agriculturist and owns 1.55 acres of pepper, coconut and arecanut garden in Akathiyoor Village, Talappally Taluk. For agricultural purposes, she obtained electric connection having consumer No.1476. It is stated that agriculturists who are owning land below one hectare are exempted from payment of electricity charges from 1.4.1997. The petitioner has submitted an application in the prescribed form to the Krishi Bhavan as per Ext.P3 and later as per Ext.P7 which is in respect of another connection, namely, consumer No.1990. It appears that the petitioner was issued Exts.P4 and P4 (a) bills. Again, the petitioner approached the authorities under Ext.P9 for getting exemption. Since no action was taken, this writ petition was filed. By an interim order dated 20.12.2000 the respondents were directed to reconnect the electricity on condition of payment of Rs.2,500/-. 2. Whether the petitioner is entitled for the exemption, etc. are matters for the authorities to decide. Now that the petitioner has filed Ext.P9, the same will have to be considered by the competent authorities OP 35492/2000 -2- concerned. Therefore, the competent authority among the respondents is directed to consider Ext.P9 submitted by the petitioner, in accordance with the scheme. The same shall be done within a period of three months from the date of reciept of a copy of this judgment. The petitioner will also be issued a communication as to the eligibility for exemption claimed. The original petition is disposed of as above. No cots. (T.R. Ramachandran Nair, Judge.) kav/ OP 35492/2000 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.35492 of 2000 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 25th July, 2008.