N J CYRIAC Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these Original Petitions are Low Tension consumers of electrical energy in this State. They are bound by the Kerala State Electricity Board Low Tension (other than Public Lighting) Tariff Order, 1985, issued under Section 49 of the Electricity (Supply) Act. This Order fixed the tariff rates applicable to various categories of Low Tension Consumers. As the points raised in all these writ petitions are similar and the main contention was advanced in O.P. No. 9449 of 1986, we are referring to the facts and exhibits in this Original Petition. The petitioner in O.P. No. 9449 of 1986 comes under category LT VI(b) "applicable to Display lighting, Circus, Cinema theatres and Cinema studios (including air conditioned ones, for both) Commercial premises, Hotels, Show rooms, Business houses, Lodges, etc."

(2.) Failure of the north east monsoon and delay in the setting in of the south west monsoon in 1986 acutely affected the storage position in the hydel reservoirs of the State rendering it impossible to supply electrical energy to the consumers "even partially to their needs." Therefore, on 11-6-1986, the Government issued an order (Ext. P1) under Section 22-B of the Indian Electricity Act, imposing a 100 per cent power cut to High Tension and Extra High Tension consumers, prohibiting use of electrical energy for illumination or display purposes and directing that no new connections will be given to any category of consumers. It is also stated therein that supply of electrical energy to cinema theatres having low tension service connections shall be limited to a single show daily and that "far commercial purposes, for shops and establishments, supply of electrical energy shall be available only till 8 p.m."

(3.) On 14-8-1986, when power from Karnataka and Tamil Nadu States started flowing to Kerala on a steady basis, the Government issued yet another order under Section 22-B, directing that this imported power which is costly, compared to the power generated in the State, should be distributed at a no loss no profit basis to the consumers. This order, (Ext. P2), withdrew the power cut and so far as the petitioners in these cases are concerned, provided thus :- "Commercial consumers, i.e. shops and establishments may draw power according to their requirement, subject to the condition that 50% of their consumption will be paid for at the normal tariff rates and the balance 50% will be paid for at Rs. 1.50 per unit".