RATENLAL MURAKA Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is a consumer of electricity,to whom electric connection was,according to him,given on 10th July 1971 as will appear from Ext.P -10 produced with the reply affidavit.According to the Board,connection was given to him on 14th July 1971.The petitioner requested on 23rd September 1971 that the supply of electricity to his premises may be temporarily discontinued.The petitioner's meter was disconnected temporarily on 23rd September 1971.But by Ext.P -2 notice dated 11th February 1972 the petitioner was called upon to pay minimum monthly charges at the rate of Rs.312.83 for a period of one year from 16th July 1971.He replied by Ext.P -3 to say that he was not liable.But by Ext.P -4 he was informed that his contention that he,as consumer No.2229 was only conti­nuing the connection given to consumer No.637 was not valid,was untenable,and that the accounts in respect of consumer No.637 had been closed in all respects.Exts.P -7 and P -8 are two further notices which followed,threatening coercive steps under the Revenue Recovery Act against the petitioner.This writ petition is to a quash Exts.P -4,P -7 and P -8.

(2.) PETITIONER 's Counsel argued strongly that the liability - to pay minimum charges per month was dependant essentially -upon the supply or me continued supply of elec­tricity to the petitioner's premises;and once supply had been temporarily discontinued at the petitioner's request there can no longer be any further liability to pay the mini­mum charge.The Electricity Board has countered this argument by pointing to the contract entered into between the petitioner and the Board,a copy of which is produced as Ext.R -2.Clause 2 of the same reads:

(3.) BUT the petitioner's counsel contended that the contractual term would not avail the Board if the same would be against the provisions of the statutes or the statu­tory rules.My attention was drawn to section 24 of the Indian Electricity Act,1910 and to rule 17(b)of Indian Electricity Rule,1956 and annexure VI of the said rules.But these provisions and the other relevant statutory provi­sions have come in for judicial notice and examination.As pointed out by counsel for the Electricity Board,the statutory basis for sustaining the impugned demand can well be found in section 22 of the Indian Electricity Act and section 23 thereof which read as follows:"