Kerala High Court
V.P.Raphael vs Kerala State Electricity Board on 16 June, 2015
Author: Babu Mathew P. Joseph
Bench: P.R.Ramachandra Menon, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937
WA.No. 1646 of 2015
IN WP(C).31476/2012
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AGAINST THE JUDGMENT IN WP(C) 31476/2012 of HIGH COURT OF KERALA
DATED 16-06-2015
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APPELLANT/PETITIONER:
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V.P.RAPHAEL
VALLACHIRAKKARAN HOUSE, CHERUPU, THRISSUR DISTRICT
BY ADVS. SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
RESPONDENTS/RESPONDENTS:
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1. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN
PATTOM P.O THIRUVANANTHAPURAM 695 004
2. THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION
IRINJALAKUDA 680 121
3. THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION
CHERPU, THRISSUR DISTRICT 680 561
BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. R. RAMACHANDRA MENON
&
BABU MATHEW P. JOSEPH, JJ.
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W. A. No.1646 of 2015
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Dated this the 12th day of August, 2015
JUDGMENT
P. R. Ramachandra Menon, J.
The relief declined by the learned single Judge with regard to the claim to consider the 'oil extraction unit' and the 'packing unit' of the writ petitioner/appellant situated in two different buildings in the same compound, as eligible for Industrial LT IV connection and to realize the electricity charges accordingly, is under challenge. The course and proceedings pursued by the Electricity Board in treating the two separate connections available therein, one as LT IV for 'Industrial' and the other one, as LT VII(A)- 'Commercial', have been sustained by the learned judge; however, granting liberty to satisfy the demand by way of 'four' equal monthly instalments starting from 15/07/2015.
2. The case the of the appellant is that he is running an W. A. No.1646 of 2015 -2- industrial unit engaged in the manufacture of coconut oil from copra, located in his property having an extent of 1.24 acres. The unit is in operation for the past more than three decades and the electrical installation has been provided with two consumer numbers one as '16426' and the other as '16668'. Both the consumer numbers were under the LT IV tariff as applicable to industrial units. However, pursuant to an inspection conducted by the authorities of the Board, it was alleged that there was misuse of electrical energy and the appellant/petitioner was required to satisfy a huge amount, pursuant to Ext.P1 order dated 05/06/2012, stating that the electrical connection in respect of consumer No.16426 was a 'commercial one', being utilized for packing purposes. The liability was sought to be cleared, treating the same under LT VII(A) tariff and this was followed by Exts.P2 to P5 demand notices issued under the said tariff, with retrospective effect. The appellant/petitioner sought to challenge the same by filing necessary proceedings before W. A. No.1646 of 2015 -3- the appellate authority. The appellate authority, however declined interference with regard to the main relief, but modified the demand to some extent, passing Ext.P9 order dated 20/10/2012. But, the differentiation/categorization effected as LT IV and LT VII(A) was sustained, which is to the chagrin of the consumer, who preferred the writ petition before this Court seeking for necessary reliefs.
3. After hearing both the sides, the learned single Judge observed that the version of the writ petitioner that both the units (packing unit and extraction unit) were situated in the same premises (though in two separate buildings) so as to treat both as under LT IV category was not liable to be accepted. It was observed that extraction and packing activities had to be in the same premises and under the same service connection, so as to have extended the benefit of LT IV tariff. Admittedly, since the packing unit was having a separate consumer number, situated with separate door number, though both the buildings were adjacent and set W. A. No.1646 of 2015 -4- apart at a distance of about 15 metres, the course pursued by the Electricity Board was not liable to be intercepted. It was accordingly, that interference was declined and the writ petition was disposed of, however, granting the benefit of instalments to satisfy the due amount.
4. Heard the learned counsel for the appellant as well as the learned Standing Counsel for the Electricity Board.
5. Learned Standing Counsel for the Board submits that the norms for categorization are very much specific and unless the establishment carries out 'extraction' of oil in addition to the 'filtering and packing' activities in the same premises, under the same service connection, it is not eligible to have the benefit of LT IV. The stipulation in this regard as it appears from the Schedule of Tariff and Terms and Conditions for Retail Supply by KSEB with effect from 01/01/2010 reads as follows:-
" LOW TENSION - IV (LT-IV) - INDUSTRY Tariff applicable for general purpose industrial loads (single or three phase) viz., W. A. No.1646 of 2015 -5- grinding mills, flour mills, oil mills, rice mills, saw mills, ice factories, rubber smoke houses, prawn peeling units, floriculture activities, tyre vulcanizing/retreading units, workshops using power mainly for production and /or repair, pumping water for non-agricultural purpose, public water works, sewage pumping, power laundries, hatcheries, screen printing of glass ware or ceramic, printing presses, bakeries (where manufacturing process and sales are carried out in the same premises) diamond-cutting units, stone crushing units, book binding units with allied activities, garment making units, electric crematoria, pyrolators installed by local bodies, mushroom farms, shrimp farms, SSI units engaged in computerized colour photo printing, computer consultancy service units with SSI registration engaged in software services and data processing activities and desktop publishing, software units, audio/video cassette/CD manufacturing units, dairy farms, agricultural nurseries (without sale), tissue culture units, granite cutting units (where boulders are cut into sheets in the same premises), Cardamom drying and curing units, and units carrying out extraction of oil in addition to the filtering and packing activities carrying out in the same premise under the same service connection.
LT - IV Industrial Fixed Charge Rs. Per kW or part thereof per month 45 Energy Charge (Paise/kWh 325 W. A. No.1646 of 2015 -6- Note.--
a. Industries engaged in software development technology and tissue culture units need not segregate industrial load, lighting load and load for air conditioners. No Penalty shall be levied by the Board for non-segregation of the load by these units. However, such consumer shall install static capacitors having ISI certification to improve the power factor of the load of air conditioners if any.
b. If ISI approved static capacitors are not installed by such consumers to compensate the inductive load of air conditioners, 25% extra shall be charged on the total fixed charge inclusive of entire connected load.
c. Software technology industries requiring new connection shall be provided connection only if they install ISI approved static capacitors to compensate the inductive load of air conditioners if any.
d. The entire consumption and connected load of above consumers shall be charged at industrial tariff (LT IV) e. The dairy farms/milk chilling plant with or without chilling/freezing/cold storage activity shall be charged under industrial category provided the chilling/freezing/cold storage load is limited to 20% of the total connected load. If it exceeds 20%, LT VII (A) tariff shall be applicable.
f. Workshops with automobile service stations W. A. No.1646 of 2015 -7- shall segregate the workshop load for availing the benefit of industrial tariff."
Coming to the LT VII(A) commercial connection, the relevant provision reads as follows:
"LOW TENSION - VII (LT-VII) COMMERCIAL LT VII(A) Tariff for commercial consumers such as display lights, cinema studios, commercial premises, hotels and restaurants (having connected load exceeding 1000 W), showrooms, business houses, private hostels/lodges/ guest/rest houses, freezing plants, cold storages, milk chilling plants, bakeries (without manufacturing process), Audio/video cassette recording/duplication units, CD recording units, petrol/diesel/LPG/CNG bunks, Automobile service stations, all construction works, installations of cellular mobile commu-nications/cable TV networks, satellite commu-nications, offices/exchanges of telecom companies, Offices or institutions of AIR, Doordarshan, radio stations, insurance companies, call centers and marble cutting units, Agricultural Nurseries (with sale) and Units carrying out filtering and packing and other associated activities using extracted oil brought from outside.
LT - VII (A) Commercial Fixed Charge Rs. Per kW or part thereof per Single Phase -50 month Three Phase-100 Energy Charge (Paise/kWh) Up to 100 kWh - 545 Up to 200 kWh - 605 Up to 300 kWh - 675 Up to 500 kWh - 730 Up to 500 kWh - 805 W. A. No.1646 of 2015 -8- Note.--
1. If the agriculture nurseries do sale also in the same premises, the tariff applicable shall be LT VII(A) if there is no segregation of load for pumping.
2. If the LTVII(A) consumer opts for segregation of their motor load for pumping and installs separate meters, LT IV tariff shall be applied for pumping and LT VII(A) tariff shall be applied for other activities in the same premises."
The case of the appellant is that he is not bringing oil/raw- material from outside, so as to carry out the filtering and packing activities in the premises, to be pulled into LT VII(A) category.
6. It may be true that the appellant/petitioner is making use of the oil extracted in the premises under Consumer No.16668, to be taken to the nearby building where the filtering and packing activities are going on under Consumer No.16426. We do not want to make any concrete opinion in this regard. But, in so far as the eligibility norm to have classification as LT IV is crystal clear (to the effect that only such units which are carrying out extraction of oil, in W. A. No.1646 of 2015 -9- addition to the filtering and packing activities in the same premises, under the same service connection) and it is satisfied, the petitioner/appellant cannot aspire to have any relief. This is more so, when the said provision of law is not under challenge. This being the position, the verdict passed by the learned single Judge declining interference with regard to the case projected by the appellant is perfectly within the four walls of the law and is not liable to be interfered under any circumstances.
7. The learned Standing Counsel for the respondent Board submits that, if the petitioner/appellant is desirous of having a service connection to have the benefit of LT IV industrial tariff, the Board does not have any objection to provide the same, subject to satisfaction of the relevant requirements. The only impediment pointed out is that, considering the total connected load of Consumer Nos.16426 and 16668, it will go beyond the stipulated limit of 100 KVA, under which circumstances, some other W. A. No.1646 of 2015 -10- obligation will have to be satisfied by the consumer, for making it an HT connection, also providing necessary infrastructure. If the appellant/petitioner submits any application in this regard, the same will be considered and appropriate steps will be taken without any delay, submits the learned Standing Counsel.
8. In the said circumstances, the appellant is set at liberty to move the Board for any such relief, if so desired. It is stated before this Court that the condition imposed by this Court as per the interim order dated 29/07/2015 has already been satisfied and a sum of 50,000/- has been paid towards the outstanding liability. The balance shall be satisfied by way of 'five' equal monthly instalments, the first of which shall be effected within two weeks, followed by similar instalments to be effected on or before 30th of every succeeding month. Coercive proceedings, if any, shall be kept in abeyance for the time being. It is made clear that, if the appellant commits default in making the payment as W. A. No.1646 of 2015 -11- aforesaid, the respondents/Electricity Board will be at liberty to proceed with further steps for realisation of the entire amount, pursuing such steps, from the stage where it stands now. The verdict passed by the learned single Judge is modified only to the above extent.
The appeal is disposed of as above.
Sd/-
P. R. RAMACHANDRA MENON JUDGE Sd/-
BABU MATHEW P. JOSEPH JUDGE kns/-
//TRUE COPY// P.A. TO JUDGE