WP(C) NO. 12689 OF 2025 1 2025:KER:26351 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12689 OF 2025 PETITIONER: C. YOHANNAN,S/O. CHACKO, AGED 62 YEARS PROPRIETOR, M/S. CARMEL CASHEW COMPANY, ARUKALICKAL WEST, PARAKODE P.O., ADOOR, PATHANAMTHITTA, PIN - 691554 BY ADVS. B.J.JOHN PRAKASH P.PRAMEL SOORAJ M.S. RESPONDENT/S: 1 THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEBL,EZHAMKULAM, PATHANAMTHITTA, PIN - 689645 2 THE AUTHORISED OFFICER/DEPUTY TAHSILDAR, PATHANAPURAM TALUK, FIRST FLOOR, MINI CIVIL STATION, PALLIMUKKU, PALLIMUKKU KAMUKUMCHERY RD, PATHANAPURAM, KERALA, PIN - 689695 SRI. AJITH JOY, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12689 OF 2025 2 2025:KER:26351 JUDGMENT Petitioner has approached this Court being aggrieved by the fact that the Revenue Recovery proceedings have been initiated to recover the arrears of electricity charges allegedly due from the petitioner on account of certain assessments completed against the petitioner following an inspection by the Anti-Power Theft Squad. 2. The learned counsel appearing for the petitioner submits that the demand /assessment upon the petitioner was challenged by approaching the electricity Ombudsman and the electricity Ombudsman by Ext.P1 order had directed as follows: “From the findings and conclusions arrived at as detailed above, I decide to set aside a short assessment bill amounting to Rs. 6,27,688 issued to the appellant. The respondent is directed to revise the bill by taking 50% of the recorded consumption for two years from 3/2017 to 2/2019 as stated above within a period of 15 days. The demand charged in excess over 75 kVA shall not be billed or realized. Having concluded and decided as above, it is ordered accordingly. The appeal petition filed by the appellant is found having some merits and is allowed to the extent ordered. The order of CGRF, Kottarakara in Petition No. OP/101/2019 dated 3.12.2019 is set aside. No order on costs.” It is the case of the petitioner that despite the order of the Ombudsman as above, the authorities are proceeding to recover the amount as originally assessed. WP(C) NO. 12689 OF 2025 3 2025:KER:26351 4. The learned Standing counsel appearing for the respondent Kerala State Electricity Board submits that the Revenue Recovery Proceedings are restricted to the demands approved by the Electricity Ombudsman in terms of Ext.P1 which has become final and no amount over and above the amounts permitted to be recovered in terms of Ext.P1 order is now being recovered from the petitioner. It is submitted that the amount of approximately Rs.7,00,000/- is due from the petitioner owing to accumulation of interest and fixed charges. 5. The learned counsel appearing for the petitioner submits that it is not clear as to whether the order of the Electricity Ombudsman has been given effect to. It is submitted that the the petitioner is ready and willing to pay off the amounts payable by the petitioner in terms of the order passed by the Electricity Ombudsman provided some installments are provided to the petitioner. 6. Having heard the learned counsel for the petitioner and the learned counsel appearing for the State Electricity Board, I am of the view that this Writ Petition can be disposed of in the following manner: 1. The competent authority of the State Electricity WP(C) NO. 12689 OF 2025 4 2025:KER:26351 Board shall prepare a calculation statement showing the calculation of the amounts due from the petitioner in terms of Ext.P1 order of the Electricity Ombudsman. The said calculation statement shall be forwarded to the petitioner by registered post within a period of ten days from the date of receipt of a certified copy of this judgment. 2. The petitioner shall be permitted to pay off the amounts due as per the calculation statement in 15 equal monthly installments commencing from 30.04.2025 together with any accrued interests and costs. 3. If the petitioner pays the amount as directed above, the Revenue Recovery proceedings against petitioner shall be dropped and the petitioner shall also be relieved of any liability to pay Revenue Recovery charges. This Writ Petition is ordered accordingly. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 12689 OF 2025 5 2025:KER:26351 APPENDIX OF WP(C) 12689/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER OF THE STATE ELECTRICITY OMBUDSMAN DATED 18.03.2020 IN APPEAL PETITION NO. P/002/2020. Exhibit-P2 TRUE COPY OF THE COMMUNICATION DATED 21.08.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit-P3 TRUE COPY OF THE DEMAND NOTICE DATED 10.08.2023