C. RAVINDRAN PILLAI Vs. K.S.E. BOARD

JUDGEMENT

(1.) A question of some importance arises in this Writ Appeal. The powers and obligations of a licensee under the Indian Electricity Act, 1910 which term is defined in the said Act as "any person licensed to supply energy" are defined by the provisions of the said Act. Section 3 to 11 of the Act in Part II deal with grant of licences, on application, revocation or amendment of licences, the provisions operating when licence is revoked, purchase of undertakings and matters relating there to and annual accounts of the licensee. A State Electricity Board constituted under Section 5 of the Electricity (Supply) Act 1948 is to be deemed a licensee for the purpose of the Indian Electricity Act 1910 and subject to the provisions of the Electricity (Supply) Act such Boards shall have, in respect of the whole of the State, all the powers and obligations of such licensee". The Electricity (Supply) Act is deemed to be the licence of the concerned Board for the purpose of the Indian Electricity Act as indicated by Section 26 of the Electricity (Supply) Act, 1948, which for the sake of convenience is extracted here:

(2.) SECTION 21 sub -sections (2) and (3) deal with restrictions on licensee's power of controlling or interfering with use of the energy. Section 22 which deals with obligation on licensee to supply energy reads thus;

(3.) THE petitioner in the Original Petition who is the appellant before us is the owner of the Chavarickal Saw Mills. He was operating the - Mill - near Karunagapally Market with the assistance of a 20 H.P. electric motor. The site of the mill was acquired by Government and possession of land was taken over on 8 -5 -1980 for constructing a Railway siding. Thereupon the appellant had necessarily to shift his mill. He shifted the mill to his residential plot nearly about a mile away from the original site. It is not in dispute that the new site to which the mill has been shifted is within the area where distributing mains have already been laid and supply of energy has commenced. The licensee is, of course the Kerala State Electricity Board.