KERALA STATE ELECTRICITY BOARD Vs. STATE OF KERALA

JUDGEMENT

(1.) The third respondent was the proprietor of a brick manufacturing unit in the Village Angamali. He had got an electric connection - Consumer No. 2174, for the Industrial unit. A minimum guarantee agreement was executed on May 12, 1994.

(2.) The land and the factory premises were acquired for the Nedumbasseri International Airport. In January, 1997, the unit had to be closed. The electricity supply to the 3rd respondent was disconnected by the appellant Board in May, 1997. The possession of the land was taken over by the State as per award No. 283/97 in LAC No. 198/95 on July 1, 1997.

(3.) On November 7, 1998, the Kerala State Electricity Board (the present appellant), issued a demand for the deposit of Rs. 1,13,145/- to the writ petitioner. Out of this, an amount of Rs. 23,161/- had been demanded on account of the arrears for the period from January, 1997 to February, 1998. The remaining amount of Rs. 89,984/- was demanded on account of the dues under the minimum guarantee agreement for the period from March, 1998 to April, 2004. The consumer represented. No decision was communicated. However, a demand notice for an amount of Rs. 1,30,450/- was served on him. Aggrieved by the action, the proprietor of the unit filed O.P. No. 119/2000. He claimed that the demand as made by the Electricity Board was not tenable. Vide order dated January 7, 2002, the consumers claim was allowed by the learned Single Judge. Aggrieved by the order, the Electricity Board has filed the present appeal.