GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) As per G.O(MS)4/92/PD dated 6-2-1992 the Government of Kerala announced a concessioanl power tariff and electricity duty to industries, as a measure of incentive. The concessional tariff was applicable only to units that started production between 1-1-1992 and 31-12-1996. Though the petitioner did not start commercial production before 31-12-1996, he claims the benefit of the concessional tariff alleging that he had started commercial production in June 1996, using a diesel generator set installed by him, On the above basis, he challenges the denial of the concessional rate of electricity tariff to him.

(2.) The petitioner is running a printing press unit at Angamaly, which is registered as a small scale industrial unit. The unit had applied for electrical connection and as per Ext. P4 proceedings, the executive engineer K.S.E. Board sanctioned the work on an estimate of Rs. 1,16,640/- on 19-6-1995. Thereafter, the concerned Minister had directed the grant of electricity connection to the petitioner on priority basis, as per his letter dated 24-11-1995, which is Ewxt.P5. The petitioner alleges that the entire work for giving electric connection to the petitioner was over in 1996 itself but, supply was delayed without any justification and finally, he was granted electric connection only on 1-1-1997. But, according to him, the petitioner started commercial production before the said date using a generator set installed by him, having a capacity of 62.5 KVA. Since the petitioner was not given electric connection before 31-12-1996, he submitted Exts. P8 and P9 representations and also filed O.P. 19444/2001 praying for the issue of appropriate directions from this Court, commanding the respondents to collect only the pre 1992 tariff rates from the petitioner. During the pendency of the said Original Petition a bill for Rs. 75,095/- was issued to the petitioner which was also challenged by him before this Court in a Miscellaneous Petition filed in the writ petition referred to above. The Court has granted an order of interim stay conditional on payment of an amount of Rs. 35,000/-. Subsequently the original petition was disposed of as per Ext.P11 judgment directing the Deputy Chief Engineer, KSEB to consider and dispose of the representations of the petitioner within a period of three months of the date thereof.

(3.) The grievances of the petitioner were considered in compliance with the directions of this Court and orders were passed by the Deputy Chief Engineer, KSEB which is Ext. P13. As per Ext. P13 it has been found that the petitioner is not entitled to the concessional tariff rates claimed by him. He has also been found liable to pay the amount demanded as electricity charges from him. The petitioner has filed this Original Petition challenging Ext.P13 order and claiming that he is entitled to the benefit of the concessional pre 1992 tariff rates announced by the Government of Kerala as per G.O(MS) 4/92 dated 9-2-1992. Though this petition was filed in the year 2003 no counter affidavit has been filed on behalf of the respondents. It is seen from the proceedings that though sufficient opportunity was granted to the respondents, they have not chosen to file a counter affidavit till date. No prayer for time to file counter affidavit was also made by the counsel for the respondents. Therefore, I have heard Shri. T.M. Abdul Latiff, counsel for the petitioner and the standing counsel for the KSE Board.