Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 12982 of 2014 (W) ---------------------------- PETITIONER(S): -------------- 1. THE KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY (ADMINISTRATION) VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.
2. THE SPECIAL OFFICER (REVENUE) THE KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHIBHAVANAM PATTOM, THIRUVANANTHAPURAM-695 004.
3. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B. RESPONDENT(S): -------------- 1. THE CONSUMER GRIEVANCE REDRESSAL FORUM, CENTRAL REGION, POWER HOUSE, KOCHI, PIN68201 REPRESENTED BY ITS CHAIRPERSON.
2. SRI.JOHN KACHAPILLY, SAKTHI ROCK PRODUCTS, MATTOOR, KALADY P.O., ERNAKULAM DISTRICT, PIN68357. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12982 of 2014 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. TRUE COPY OF THE COMPLAINT IN CGRF-CR/COMP.128/2013-14 FILED BY THE2D RESPONDENT BEFORE THE1T RESPONDENT EXHIBIT P2. TRUE COPY OF THE STATEMENT OF FACTS DATED2410.2013 SUBMITTED BY THE2D PETITIONER IN CGRF-CR/COMP.128/2013- 14 EXHIBIT P3. TRUE COPY OF THE STATEMENT OF FACTS SUBMITTED BY THE3D PETITIONER IN CGRF-CR/COMP.128/2013-14 EXHIBIT P4. TRUE COPY OF THE ORDER
DATED152/2014 OF THE1T RESPONDENT IN CGRF-CR/COMP.128/2013-14 EXHIBIT P5. TRUE COPY OF THE ORDER
DATED187/2013 OF A DIVISION BENCH OF THIS HONOURABLE COURT IN WRIT APPEAL NO.1042/2013. RESPONDENT(S)' EXHIBITS : NIL ----------------------- /TRUE COPY/ P. A. TO JUDGE Pn C.K. ABDUL REHIM, J.
------------------------------------ W.P.(C). No. 12982 of 2014 --------------------------------------------------- Dated this the 23rd day of May, 2014 JUDGMENT
Kerala State Electricity Board (KSEB) is challenging Ext.P4 order passed by the 1st respondent. The 2nd respondent herein had approached the 1st respondent in a complaint against the demand for remittance of the proportionate cost on transmission charges with respect to the additional load applied by him. The 1st respondent in Ext.P4 order found that, the demand is unsustainable and directed that, portion of the demand issued towards transmission development charges is invalid and directed to revise the demand accordingly. It was also directed to allow the additional power load applied for by the 2nd respondent within a time limit stipulated in the Supply Code 2005.
2. Question regarding sustainability of demand for proportionate cost on transmission development charges, was subjected to dispute before this court. In the judgment in WP(C) No.18726/2011 and connected cases, W.P.(C). No. 12982 of 2014 -2- dated 22.11.2012, this court found that the demand cannot be sustained. This writ petition is filed on the premise that Writ Appeals (W.A. No.1042/2013 & connected cases) filed against the above said judgment are pending disposal. But this court is of the opinion that unless the legal position is reversed, the demand raised cannot be sustained. At the same time if the issue is ultimately settled in favour of the Board then the 2nd respondent will be liable to make payment of the amount.
3. Under the above mentioned circumstances, I do not find any illegality or infirmity with the impugned order passed by the 1st respondent. The 2nd respondent is entitled to get the additional load sanctioned without payment of proportionate cost on the transmission development charges. However, it is made clear that the Board will be at liberty to realise such amounts if it is ultimately found that the consumer is liable.
4. In the result, this writ petition is dismissed reserving liberty to the petitioner Board to realise the proportionate cost on transmission charges, if it is W.P.(C). No. 12982 of 2014 -3- ultimately decided by the Division Bench of this court that such charges are leviable from the consumer. Sd/- C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn