Believers Church, Thiruvalla represented by its Managing Trustee, Bishop Dr. Samuel Mathew v. Kerala State Electricity Board Limited and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` FRIDAY, THE 16[TH] DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944 ``` ## **`WP(C) NO. 29400 OF 2022`** ## **`PETITIONER:`** ``` BELIEVERS CHURCH THIRUVALLA, REPRESENTED BY ITS MANAGING TRUESTEE, BISHOP DR.SAMUEL MATHEW, AGED 59, S/O MATHEW, KAITHAPPATALIL, 28, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE, ST.THOMAS NAGAR, PUNNAKUNNAM MURI, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA STATE-689103, THROUGH HIS POWER OF ATTORNEY HOLDER AND GENERAL ADMINISTRATOR OF THE CHURCH, JACOB PUTHEN, AGED 63, S/O.LATE POTHEN, THERADIYIL HOUSE, NIRANAM WEST MURI, NIRANAM VILLAGE, THIRUVALLA TALUK. ``` ``` BY ADVS. P.HARIDAS SHIJIMOL M.MATHEW BIJU HARIHARAN P.C.SHIJIN GREESHMA T.G. RISHIKESH HARIDAS ``` ## **`RESPONDENTS:`** - `1 KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004.` - `2 THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS CHAIRPERSON, K.P.F.C.BHAVANAM, CV RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA, PIN-695010.` - `3 CONSUMER GRIEVANCE REDRESSAL FORUM REPRESENTED BY ITS CHAIRPERSON, 2ND FLOOR, VYDYUTHI BHAVANAM, KSE BOARD, KOTTARAKKARA, PIN-691506.` ``` WP(C) NO. 29400 OF 2022 ``` ``` 2 ``` - `4 THE SPECIAL OFFICER (REVENUE), OFFICE OF THE SPECIAL OFFICER (REVENUE), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004.` - `5 THE CHIEF ENGINEER (TRANSMISSION SOUTH), THE KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695004.` - `6 THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, TRANSMISSION CIRCLE, POOVANTHURUTHU.P.O, POOVANTHURUTHU, KOTTAYAM DISTRICT, PIN-686012.` - `7 THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KUTTAPPUZHA, 110 K V SUBSTATION, THRIKKODITHANAM.P.O, THRIKKODITHANAM, KOTTAYAM DISTRICT, PIN-686105.` ``` SRI.RIJI RAJENDRAN – SC KSEB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 29400 OF 2022 ``` ``` 3 ``` ## **JUDGMENT** Petitioner is an Episcopal Church, a religious Christian minority and running certain educational institutions namely primary block, play block, higher secondary with facilities of hostels, staff quarters, guest house, office building, Mens hostel, generator room, kitchen, school canteen, godown with another guest house which certain area to be used as cathredal, utility, synod office etc. as evident from the master plan annexed with the I.A.No.2 of 2022 Ext.P12. For the purpose of utilisation of the electricity, had entered into an agreement with the KSEB and while issuing electric connection, established a 110 KV substation. The agreement is dated 24.11.2014. Later on a medical college has also been established in the campus. For the purpose of tariff petitioner was included in the Extra High Tension (hereinafter call ‘EHT’) General (A) category and had been regularly paying the bills without any fail as evident from the demand notice dated 02.06.2022, Ext.P3. 2. Sri.P.Haridas, learned counsel appearing on behalf of ``` WP(C) NO. 29400 OF 2022 ``` ``` 4 ``` the petitioner submits that the petitioner was flabbergasted to receive a letter dated 27.07.2022 on 03.08.2022 Ext.P4 whereby the electricity department represented through respondent No.4 wrongly classified from EHT General (A) category to EHT General (B) category and claimed an amount of Rs.9,90,74,445/- as arrears on account of the fact that there is change of the tariff from LT VIA category in respect of self-financing educational institutions. It is submitted that the change of the tariff by the Regulatory Commission was challenged before this Court and this Court rejected the petition, however, the Division Bench reversed the findings and the matters reached the Honourable Supreme Court in case titled as _**Sr.Annie and Another v. Kerala State Electricity Board and Others**_ [2009 (2) KHC 554] and Supreme Court in the judgment aforementioned, upheld the findings of the Single judge meaning thereby that the change of the tariff by the regulatory commission is accepted. The only question to be pondered is whether the respondents could claim the arrears of a period from 2017 when the tariff was alleged to have been affected, till June 2022 and for that has already filed a complaint ``` WP(C) NO. 29400 OF 2022 ``` ``` 5 ``` under Regulation 45 of the Electricity Supply Code, 2014 with an interim prayer and predicament of the petitioner is that the said complaint is not being registered nor there is a consideration of interim stay. It is under that circumstances, petitioner had to approach this Court with promptitude to protect the disconnection. In support of the aforementioned contention, had also relied upon the judgment of Supreme Court in _**Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited and Another**_ v. _**Rahamatullah Khan alias Rahamjulla**_ [2020 KHC 6177] wherein, in a dispute pertaining to deficiency in service by invoking the provisions of Consumer Protection Act, the question which came up for consideration was whether on account of nonpayment of dues the Electricity Department would be justified in disconnecting the electricity without following the recovery proceedings. By noticing aforementioned, it was held that electricity board is entitled to recover the dues without disconnecting the electricity supply. 3. Issue notice before admission. Sri.Riji Rajendran, learned standing counsel for KSEB accepts notice and submits that ``` WP(C) NO. 29400 OF 2022 ``` ``` 6 ``` filing of the compliant would be a total farcical exercise as the controversy with regard to change of the tariff by the Regulatory Commission in respect of aided institutions has already been upheld by the Supreme Court. It is only a plan which has been changed but the ratio culled out in the judgment remains same. Electricity department is justified in raising the demand from 2017 as it was a mistake where the demand could not have been made earlier. 4. I have heard the learned counsel for the parties and appraised the paper book. Regulation 45 of the Electricity Supply Code reads as under: 45. Proof of ownership or occupancy of the premises.- (1) The licensee shall accept any of the following documents as proof of ownership or occupancy of premises:- (i) certified copy of title deed or lease agreement; (ii) letter of authorisation from the Punja / Kole Special Officer in the case of agricultural connections for dewatering; (iii) ownership certificate from Municipal Corporation or Municipality or Panchayat or Township in the case of buildings; (iv) ownership certificate issued by competent revenue authority in the case of land; ``` WP(C) NO. 29400 OF 2022 ``` ``` 7 ``` (v) letter of allotment in the case of industrial estates or industrial parks or Special Economic Zones; (vi) possession certificate from Revenue authorities. (2) An applicant who is not an owner but an occupier of the premises, shall furnish a no objection certificate from the owner of the premises along with any one of the documents listed at clauses (i) to (vi) in subregulation (1) above. 5. The conceded position on record is that the petitioner is running certain educational institutions which are self-financed, in other words, unaided and even a medical college later on was established. Though the Electricity Regulatory Commission changed the tariff from EHT general (A) to EHT general (B) with effect from 2017 but the petitioner was never raised demand as late as only in July 2022 received on 03.08.2022. In such circumstances, the petitioner cannot be prevented from availing the remedy in accordance with law vis-a-vis the limitation point and also consideration of the ratio decidendi culled out in the judgment reported as _**Sr.Annie and Another**_ (supra). Without expressing any opinion on the merits of the matter, I dispose of the writ petition with a direction to the 3[rd] respondent - ``` WP(C) NO. 29400 OF 2022 ``` ``` 8 ``` Consumer Grievance Redressal Forum to register the complaint Ext.P11 wherein interim prayer has been sought and hear forthwith along with the complaint within a period of ten days from the date of receipt of the copy of this judgment. Till such time, the electricity department would not disconnect the electricity connection. **Sd/-** **AMIT RAWAL JUDGE** nak ``` 9 ``` ## **`WP(C) NO. 29400 OF 2022`** ## **`APPENDIX OF WP(C) 29400/2022`** ``` PETITIONER EXHIBITS ``` - `Exhibit P1 TRUE COPY OF THE LETTER OF THE 5TH RESPONDENT DATED 17.7.2012 TO THE PETITIONER` - `Exhibit P2 TRUE COPY OF THE CONNECTION AGREEMENT EXECUTED BY THE PETITIONER WITH THE 5TH RESPONDENT DATED 24.11.2014.` - `Exhibit P3 TRUE COPY OF THE DEMAND NOTICE DATED 02.06.2022 FOR ELECTRICITY TARIFF UNDER EHT GENERAL(A) ISSUED BY THE 4TH RESPONDENT` - `Exhibit P4 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 27.07.2022 TO THE PETITIONER RECEIVED ON 03.08.2022` - `Exhibit P5 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 27.06.2022 TO THE PETITIONER` - `Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED 13/07/2022 FOR ELECTRICITY TARIFF UNDER EHT GENERAL(C) ISSUED BY THE 4TH RESPONDENT` - `Exhibit P7 TRUE COPY OF THE LETTER DATED 25.08.2022 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT` - `Exhibit P8 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER OF THE 2ND RESPONDENT DATED 17.04.2017` - `Exhibit P9 TRUE COPY OF THE RELEVANT PORTION OF THE ORDER OF THE 2ND RESPONDENT DATED 25.06.2022 IN OP NO.11/2022` ``` WP(C) NO. 29400 OF 2022 ``` ``` 10 ``` ``` Exhibit P10TRUE COPY OF THE ARREAR NOTICE ISSUED BY 4TH RESPONDENT TO THE PETITIONER DATED 29.08.2022 ``` ``` Exhibit P11TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.09.2022. ``` ``` Exhibit P12TRUE COPY OF THE MASTER PLAN OF BELIEVERS' CHURCH CAMPUS DATED NIL. ``` ``` Exhibit P12(a)TRUE COPY OF THE LETTER ISSUED BY THE DIRECTOR OF MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, GOVERNMENT OF INDIA DATED 12/06/2018 TO THE PETITIONER. ```