GRAND HOTEL M G ROAD ERNAKULAM REPRESENTED BY ITS PARTNER Vs. KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN

JUDGEMENT

(1.) THE petitioner is running a star hotel. That hotel had an electricity connection. In tune with the policy of the Government to promote tourism industry, the Government declared concessional electricity tariff to classified hotels coming within the tourism industry and the petitioner also was given concessional tariff since the petitioner had obtained a certificate from the Tourism Department of the Government of Kerala certifying that the Tourism Director had classified the petitioner's hotel as a two-star hotel. On the basis of the same, the petitioner was enjoying the concessional tariff up to 08.12.1992, which is the date on which the period of certificate of classification expired. Even prior to the expiry of the period, the petitioner applied for re-classification. THEre was delay by the Department of Tourism to consider his application and to issue certificate in that regard. THE situation continued as such for a long period of five years. In the meanwhile, for want of classification certificate from the Tourism Department, the petitioner was denied concessional tariff by the Kerala State Electricity Board and they raised a bill for Rs.30,14,193/- as arrears of electricity charges on the petitioner. THE petitioner challenged the same by filing O.P.No.21073/1997, in which there was an interim stay on condition that the petitioner deposits Rs.2 lakhs which was deposited. THE petitioner in the meanwhile constructed a banquet hall and applied for additional power allocation. THE same was not considered on the ground that the petitioner did not pay the arrear bill of Rs.30,14,193/-. While so, by Ext.P8 judgment this Court directed the Government to consider the matter. Pursuant thereto, by Ext.P13 order, the Government of Kerala granted classification to the petitioner's hotel as a two-star hotel from 1.11.1992 to 23.11.1997 retrospectively and held that the petitioner is eligible for concession/incentives eligible for tourism projects during the period from 01.11.1992 to 23.11.1997. THE Director of Department of Tourism also issued Ext.P12 order requesting the Kerala State Electricity Board to grant eligible electricity subsidy to the petitioner for the period from 01.11.1992 to 23.11.1997. Despite the same, the petitioner has not been given the additional power allocation applied for on the ground that the petitioner did not pay the arrear bill. By Ext.P14, the petitioner was also directed to pay the said amount of Rs.30,14,193/-, after deducting the Rs.2,00,000/- with interest totalling Rs.90,66,791/-. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) IT is submitted by the counsel for the petitioner that during the pendency of this writ petition additional power allocation was granted. Therefore, the only question I need to consider now is as to whether the petitioner is eligible for concessional tariff for the period from 11/92 to 4/1997 and whether Ext.P14 is sustainable.

(3.) IT is not disputed before me that for the period in question as per the orders in force, two-star hotels were treated as tourism industry and on production of certificate from the Tourism Department to the effect that the hotel is classified as two-star hotel, the petitioner was entitled to concessional tariff. IT is also not disputed before me that the petitioner was in fact enjoying that concessional tariff for the period up to 10/1992 on the strength of certificate issued by the Tourism Department regarding the classification of the petitioner's hotel. From Ext.P12, it is clear that the petitioner had applied for re-classification before the date on which the original classification expired. Therefore, it is obvious that the petitioner was not at fault in the matter of complying with the requirements for getting concessional tariff as a tourism industry. IT was clearly because of the delay of the tourism department in issuing re-classification certificate. From Exts.P12 & P13 orders, it is clear that the petitioner's hotel has been given two-star classification retrospectively for the period from 1.11.1992 to 23.11.1997 also. Therefore, for that period, the petitioner is certainly entitled to concessional tariff retrospectively. Therefore, the petitioner is not liable to pay the additional bill for Rs.30,14,193/- for the period from 11/1992 to 04/1997 which bill is admittedly on account of non-production of the classification certificate from the Tourism Department. Consequently the petitioner is entitled to refund of the amount of Rs.2 lakhs deposited by the petitioner as a condition for stay in O.P. No.21073/1997. Accordingly, Ext.P14 demand is quashed and the writ petition is disposed of declaring that the petitioner is not liable to pay the additional bill for Rs.30,14,193/- and the amount of Rs.2 lakhs paid by the petitioner as a condition for stay in O.P. No.21073/1997 shall be adjusted against the future bills of the petitioner. If the Board is entitled to get the said amount reimbursed from the Government, it would be open for them to do so and this judgment will not be relied upon to deny such reimbursement.