I Path India Pvt. Ltd v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 16207 of 2003 (D) -------------------------------------- PETITIONER:

-------------------- M/S. I PATH INDIA PVT. LTD., BUILDING NO. G-358, PANAMPILLY NAGAR COCHIN - 682 036, REPRESENTED BY ITS DIRECTOR, SRI.C.D. SREENATH BY ADVS.SRI.E.K.NANDAKUMAR SMT.PRIYA MANJOORAN RESPONDENTS:

------------------------ 1.

KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM 2.

EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD COCHIN 3.

ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD GIRI NAGAR, ELECTRICAL MAJOR SECTION KADAVANTHARA, COCHIN - 682 020 R1 TO R3 BY ADV. SRI. S. SHARAN, SC, KSEB R1 TO R3 ADVS.SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16207 of 2003 (D) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE LETTER NO. DB-10 2002-2003, DATED 29.06.2002 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER P1(a) : COPY OF THE INVOICE NO. 70833 DATED 02.07.2002 AND THE CALCULATION SHEET (ATTACHED) ISSUED BY THE THIRD RESPONDENT P1(b) : COPY OF THE CALCULATION SHEET ISSUED BY THE SENIOR SUPERINTENDENT KSEB, KOCHI-20 P2 :

COPY OF THE APPEAL NO. IP/ADMN./305, DATED 05.07.2002 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P3 :

COPY OF THE REPORT NO. DB. 19/2002-03/639, DATED 8.10.2002 ISSUED BY THE THIRD RESPONDENT TO THE 2ND RESPONDENT P4:

COPY OF THE ORDER DATED 05.05.2003 ISSUED BY THE 2ND RESPONDENT IN ORDER NO. GB1/22/03-04/302 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 16207 OF 2003 ---------------------------------------- Dated this the 21st day of July, 2015

JUDGMENT

The petitioner who was on LT VIIA tariff sought a change of category to LT IV tariff. The said application was recommended by the third respondent by Ext.P3 letter. Ext. P3 letter addressed to the second respondent reads as follows:- "As the party has started internet cafe in the premises during 5/2001, tariff changed to LT VIIA. Now, the consumer had given an application for changing tariff from LT VIIA to LT IV as they have stopped internet cafe in the premises."

2.

It is clear therefore that the petitioner itself admitted to running an internet cafe earlier. It is futile for the petitioner to contend that only a software developmental activity was going on. The third respondent as well as the second respondent have

W.P.(C). NO. 16207 OF 2003 2 accepted the stand that the petitioner confined its business to software activity later. There can be no qualm for the petitioner being assessed on LT VIIA tariff till then. I do not find any illegality either in Ext. P1(a) bill or in Ext. P4 order.

3.

I however permit the petitioner to pay the balance amount due in four equal monthly instalments starting from 31.08.2015. The electricity connection shall not be snapped if the amount due with interest is paid in time. The electricity connection can be snapped if any one of the instalments are defaulted.

The writ petition is dismissed.

V. CHITAMBARESH JUDGE