2025:KER:30258 WP(C) NO. 11639 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 11639 OF 2025 PETITIONER/S: SUNIL THOMAS,AGED 59 YEARS S/O. LATE K.J. THOMAS, RESIDING AT KOLLAMKULAM HOUSE, PARATHODE P.O., VELICHIYANI, KANJIRAPPALLY, KOTTAYAM, PIN - 686512 BY ADVS. M.NARENDRA KUMAR HARSHADEV M. RESPONDENT/S: 1 KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS MANAGING DIRECTOR, VYDYUTHI BHAVAN, TRIVANDRUM, PIN - 695004 2 ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, KANJIRAPPALLY, KOTTAYAM, PIN - 686507 3 THE ASSISTANT ENGINEER,ELECTRICAL SECTION, KSEB, MUNDAKKAYAM, KOTTAYAM, PIN - 686513 SRI. RIJI RAJENDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30258 WP(C) NO. 11639 OF 2025 2 JUDGMENT Petitioner has approached this Court, being aggrieved by the fact that a statutory appeal filed by the petitioner before the State Electricity Ombudsman against an order of the Consumer Grievance Redressal Forum, Southern Region Kottarakkara (hereinafter referred to as ‘the CGRF’) was rejected on the ground that the petitioner does not fall within the definition of ‘consumer’. 2. Learned Counsel appearing for the Kerala State Electricity Board (hereinafter referred to as ‘the Board’) would submit that though the proceedings before the CGRF were initiated by the consumer, the proceedings before the Ombudsman were initiated by the petitioner, who is transferee in respect of the property in question. It is submitted that, the petitioner has not filed any statutory application for transfer of the connection in his name. 3. Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the Board and taking into consideration the submissions made as above, the writ petition will stand disposed of, directing that if the 2025:KER:30258 WP(C) NO. 11639 OF 2025 3 petitioner were to submit an application for transfer of the connection in question in his name, after complying with all necessary formalities, the competent Authority of the Board shall effect such transfer in the name of the petitioner . Thereafter, if the petitioner files a fresh appeal before the Ombudsman against Exhibit P7 order of the CGRF, the State Electricity Ombudsman shall consider such appeal and dispose of the same, in accordance with the law, as expeditiously as possible. If the fresh appeal is filed within one week from the date on which the connection is transferred in the name of the petitioner, the same shall be treated as one within time. It is clarified that since the petitioner is disputing the liability to pay the amounts demanded by the Board, the application for transfer submitted by the petitioner shall be considered without insisting for compliance with the provisions of Regulation 91(4)(b) of the Electricity Supply Code, 2014. The writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE ajt 2025:KER:30258 WP(C) NO. 11639 OF 2025 4 APPENDIX OF WP(C) 11639/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE BEARING NO. 662/ WARD 3 OF MUNDAKKAYAM GRAMA PANCHAYAT DATED 26/11/2024 ALONG WITH TYPED COPY Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF ELECTRICAL INSPECTORATE, KOTTAYAM DATED 07.12.2022 ALONG WITH TYPED COPY Exhibit P3 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE FOR THE MONTH OF DECEMBER 2023 Exhibit P4 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE FOR THE MONTH OF JANUARY 2024 Exhibit P5 TRUE COPY OF THE DEMAND CUM DISCONNECTION NOTICE FOR THE MONTH OF FEBRUARY 2024 Exhibit P6 TRUE COPY OF THE LETTER SUBMITTED BY PETITIONER TO THE CONSUMER GRIEVANCE REDRESSAL FORUM Exhibit P7 TRUE COPY OF THE ORDER IN O.P. NO. 17/2024 OF THE CONSUMER GRIEVANCE REDRESSAL FORUM, KERALA STATE ELECTRICITY BOARD LTD, SOUTHERN REGION, VYDUTHI BHAVANAM, KOTTARAKKARA DATED 20.06.2024 Exhibit P8 TRUE COPIES OF THE ELECTRICITY BILLS CUM RECEIPT FOR THE PERIOD RANGING FROM SEPTEMBER 2018 TO MAY 2020 Exhibit P9 TRUE COPY OF THE ORDER IN APPEAL PETITION NO. P/052/2024 BEFORE THE STATE ELECTRICITY OMBUDSMAN, ERNAKULAM DATED 09.10.2024 ALONG WITH TYPED COPY Exhibit P10 TRUE COPY OF THE ORDER IN RP/08/2024/01874 BEFORE THE STATE ELECTRICITY OMBUDSMAN, ERNAKULAM DATED 20.11.2024 ALONG WITH TYPED COPY