IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 3519 of 2003(R)
1. VELUTHAPARAMBATH ASSYA, W/O. MOIDU,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE TAHSILDAR, VADAKARA TALUK,
3. STATE OF KERALA WITH ADDRESS FOR
For Petitioner :SRI.B.KRISHNAN
For Respondent :SRI.C.C.THOMAS, SC, K.S.E.B
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :01/12/2007
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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O.P. No. 3519 of 2003
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Dated, this the 1st day of December, 2007
J U D G M E N T
Petitioner is challenging proceedings for recovery of arrears of
electricity charges and surcharges for the period 11/90 to 2/98.
Petitioner is the owner of a shop room, where she had taken
electricity connection. The shop room was let out to tenant and the
tenant, obviously, did not pay electricity bills. Arrears of electricity
bills payable is Rs.18,657/- and the interest thereon charged is
Rs.30,034/-. Though petitioner was unaware of the mounting
arrears of electricity bills, if any monthly bill was not paid supply
should have been disconnected in the following month, as required
under Rule 32 of the Conditions of Supply, by the KSEB officials. If
KSEB has not disconnected supply and allowed the tenant to enjoy
supply of power without payment of regular monthly bills, recovery
of interest should be made from the concerned officials of Electricity
Board and not from the building owner, as she cannot be made
responsible for the lapses on the part of the KSEB. In the
circumstances, this original petition is disposed of directing 2nd
respondent to verify the electricity bills and if it consists of monthly
electricity bills accumulated as claimed by the petitioner, then,
O.P.NO. 3519/2003
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recovery shall be limited to the actual electricity bills, which the
petitioner is bound to pay. Petitioner is granted time till
15/03/2008 to make payment. 2nd respondent will return the
revenue recovery after the recovery of the actual electricity dues
from the petitioner for the Electricity Board to recover interest from
the concerned officials, for the lapses in collecting monthly bills
from the tenant on due dates and for continuing supply to the
defaulter.
(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg