P.A.ABDUL NAZAR v. THE KERALA STATE ELECTRICITY BOARD

BY ADV. SRI.S.RAMESH BABU RESPONDENTS: -------------

#1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.

#2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KALAMASSERY, KOCHI-682 033. BY SC SRI. P.P. THAJUDHEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 18782 OF 2007 -------------------------------------------- Dated this the 19th day of June, 2007 JUDGMENT The prayer is only for direction to the second respondent to revise Ext.P5 series of electricity bills whereby commercial tariff is charged in respect of connection given to building which according to petitioner is run as hostel for students in Cochin University. Petitioner has relied on ext.P2 notification which provides for tariff to private hostels also at the same rate as hostels as LT VI-B. Notification stipulates that wherever hostel facility is not available, building where students are accommodated is treated as hostel and is entitled to concessional tariff under LT VI-B. The application of notification requires satisfaction of the Electricity Board that the entire occupants and user of the building are students and that they do not have hostel facility in the area. In the circumstances, W.P. is disposed of directing the second respondent to conduct local inspection, enquire about the occupants of the building and user of the building and if the conditions are satisfied he will revise the bills already issued to the petitioner and will continue to charge at 2 applicable tariff in terms of notification. Petitioner will produce a copy of this judgment before the second respondent and co-operate with the second respondent in the enquiry and it will be open to the second respondent to call for details of students and other occupants of the building and he will conduct independent enquiry. Recovery proceedings for recovery of charges in excess of LT VIB will remain stayed for two months from now, within which time, second respondent will decide the issue and issue proceedings to the petitioner. If benefit is declined he will give reasons for the same in the order. In order to make payment, second respondent is directed to revise the bills provisionally and issue bills to the petitioner for the petitioner to make payment within two weeks from today. (C.N.RAMACHANDRAN NAIR) Judge 3