IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4142 of 2004(R)
1. SURYA TOWERS, RAILWAY STATION JUNCTION,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE DEPUTY CHIEF ENGINEER,
3. THE SPECIAL OFFICER REVENUE,
4. THE ASSISTANT ENGINEER,
For Petitioner :SRI.KKM.SHERIF
For Respondent :SRI.T.G.RAJENDRAN SC FOR K.S.E.B.
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :19/07/2007
O R D E R
KURIAN JOSEPH, J.
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W.P. (C). NO. 4142 OF 2004
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Dated this the 19th day of July, 2007.
J U D G M E N T
Petitioner is aggrieved since interest for part of the month
has been taken as interest for one month. Taking note of the
fact that the electricity that is supplied is supply in advance, it is
only just that such rigorous conditions are imposed, as held by
the Supreme Court in several decisions.
2. However, it is seen that the petitioner has been
demanded two months interest though the delay is actually for
less than a month. Apparently it is on the technical ground that
the payment is made in the succeeding month. If the delay is
below one month’s duration, there is no justification in levying
interest for two months for the only reason that the demand falls
in one month and delayed remittance is in the succeeding month.
Such an interpretation is not warranted under Regulation 32(e) of
the Conditions of Supply of Electrical Energy.
W.P. (C). 4142/04 2
I quash Exhibit P6 and other similar bills issued to the
petitioner with a direction to the third respondent to recalculate
the interest in the light of the judgment and make appropriate
adjustments in the future bills, within a period of three months.
KURIAN JOSEPH, JUDGE.
smp