Kerala High Court
Binu E M vs Kerala Elecricty Board on 12 July, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946
WP(C) NO. 9920 OF 2024
PETITIONER:
BINU E M
AGED 46 YEARS, S/O N. MOHANAN,
ILLIKKATT HOUSE, N.H.47, EDAPALLY,
ERNAKULAM. PROPRIETOR, M/S S.N FUELS,
INDIAN OIL DEALERS, VAZHIKULANGARA,
N.PARAVOOR, ERNAKULAM DISTRICT
(CONSUMER NUMBER 1156049040280)
PIN - 683 513.
BY ADV BEPIN VIJAYAN
RESPONDENTS:
1 KERALA ELECRICTY BOARD
VYTHUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
PIN - 695 004.
2 THE ASSISTANT EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683 513.
3 THE ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD LTD,
ELECTRICAL SUB DIVISION, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683 513.
ADDL.R4 INDIAN OIL CORPORATION LTD;
PANAMPILLY NAGAR AVENUE,
CHERIYAKADAVANTHRA P.O; PANAMPILLY NAGAR,
ERNAKULAM, KERALA, PIN -682 036.
REPRESENTED BY ITS DIVISIONAL RETAIL SALES
HEAD"
W.P.(C) No.9920/2024
:2:
ADDL.R5 INDIAN OIL ADANI GAS PVT.LTD;
4TH FLOOR, ANDRYAN ARCADE, KANNADIKAD,
MARADU, ERNAKULAM, KERALA, PIN -682 304.
REPRESENTED BY IT'S GENERAL MANAGER"
[ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED
AS PER ORDER DATED 11/04/2024 IN I.A.1/2024 IN
WP(C) No. 9920/2024.]
BY ADVS.
RIJI RAJENDRAN, FOR R1 TO R3
S.GANESH
PEARL K.DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.06.2024, THE COURT ON 12.07.2024
DELIVERED THE FOLLOWING:
W.P.(C) No.9920/2024
:3:
N. NAGARESH, J.
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W.P.(C) No.9920 of 2024
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Dated this the 12th day of July, 2024
JUDGMENT
~~~~~~~~~ The petitioner, who is Proprietor of SN Fuels in North Paravur, is before this Court seeking to direct the respondents to continue electrical supply with sufficient voltage as sanctioned as per Ext.P3 to the CNG unit of the petitioner.
2. The CNG unit of the petitioner is at Vazhikulangara, North Paravur in Ernakulam District. The CNG dispensing unit was established in the year 2021. Before starting the CNG unit, the petitioner approached the Kerala Electricity Board Limited for an electric connection with power allocation of 45 KW, which is the minimum power required for dispensing CNG. The petitioner was allocated W.P.(C) No.9920/2024 :4: electric connection of 45 KW as per Ext.P3. The petitioner has been consuming electricity and paying the electricity charges.
3. From 02.03.2023 onwards, there was no proper supply of electrical energy with sufficient voltage to the CNG unit of the petitioner. Though the petitioner lodged online complaints, the problem faced by the petitioner was not solved.
4. The petitioner thereafter submitted Ext.P14 complaint to the 3rd respondent-Assistant Engineer. However, respondents 1 to 3 did not take any steps to make available power supply with sufficient voltage. The petitioner states that around 300 autorickshaws, many taxi cars and around 10 buses are running exclusively on CNG and are dependent on the petitioner's CNG outlet for their daily need of fuel. In the circumstances, non-supply of electrical energy with sufficient voltage to the CNG unit of the petitioner is highly arbitrary and illegal, contended the counsel for the petitioner.
W.P.(C) No.9920/2024:5:
5. Respondents 1 to 3 resisted the writ petition. The respondents stated that the petitioner's connected load is 44.02 KW. The connection is given through a Three Phase Four Wire Current Transformer with ratio 100/5 corresponding to the load requirement.
6. Respondents 1 to 3 further stated that since inceptions, the supply to the CNG unit was fed from 160 KWA Vazhikkulangara distribution transformer which is located about 300 metres away from the premises of the petitioner. When the NH 16 was developed and widened, electric lines had to be shifted. The existing Low Tension line was re-routed through the side of the widened National Highway.
7. On the day the line was re-routed, the petitioner registered a complaint regarding voltage issue. Thereupon, officials of KSEB visited the unit of the petitioner. Upon testing the line voltage at the point of supply, the phase to phase voltage measured as 405 V, 406 V and 396 V in RY, YB and RB phases respectively. The complaint of the W.P.(C) No.9920/2024 :6: petitioner persisted. The officials inspected the site again on 05.03.2024. The data downloaded from the meter found sufficient voltage at the point of supply on 05.03.2024. The LT feeding to the premises was rearranged as per the request of the petitioner. Respondents 1 to 3 substituted the transformer. Thereafter, the voltage was found to be 413/418/415 V and 407/410/405 at the supply point.
8. Respondents 1 to 3 further submitted that the load survey data downloaded by the KSEB revealed that the distribution transformer has enough capacity to provide the demanded load of the consumer and voltage at "point of supply" is within the permissible limits as per statute. Respondents 1 to 3 alleged that if there is any dip in the voltage, it is due to the faulty equipment installed by the petitioner. As per the applicable regulations, a 65 KVA booster stabilizer must be connected to operate the 37 KW three phase induction motor installed by the petitioner. Respondents 1 to 3 suspect that the non-limitation of the starting current to the motor may draw abnormal starting W.P.(C) No.9920/2024 :7: current from distribution system and consequently cause a dip in the supply voltages at the time of starting. The petitioner has to employ appropriate stabilizing device.
9. The additional 5th respondent filed a counter affidavit in the case. The additional 5th respondent stated that they have provided CNG dispensing facility at the petitioner's unit at Paravur. The additional 5 th respondent regularly maintains the equipment installed by them as it is obligatory on its part to inspect and do the periodical maintenance. The equipment installed at the petitioner's outlet is in perfect working condition and functions properly, provided that the stipulated voltage level to run the equipment is supplied.
10. Faced with the afore situation, this Court on 23.05.2024 passed an interim order appointing Mr. K. Natesan, retired Deputy Chief Engineer, KSEB as Expert Commissioner. The Expert Commissioner was directed to hold a joint inspection of the premises / fuel outlet of the petitioner and submit a report regarding electricity supply W.P.(C) No.9920/2024 :8: with specific reference as to whether any deficiency in voltage is due to fault of the equipment or due to fluctuating voltage or due to any other reasons.
11. The report dated 03.06.2024 submitted by the Expert Commissioner would show that when the machine in the CNG unit of the petitioner was operated on other sources using a generator, no dip or fluctuation of voltage is noticed. But, when the machine was operating on KSEB supply, dip and fluctuation were noticed.
12. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 to 3 and the learned counsel representing the additional 5 th respondent.
13. The grievance of the petitioner is regarding the voltage fluctuation experienced by the petitioner's CNG unit since the month of March, 2024. The petitioner is a Low Tension Three Phase consumer with connected load of 44.02 KW. The connection was given through a Three Phase Four Wire Current Transformer with ratio 100/5 W.P.(C) No.9920/2024 :9: corresponding to the load requirement.
14. Initially, the supply to the premises of the petitioner was from the 160 KVA Vazhikkulangara Distribution Transformer which is located around 300 metres away from the premises. Consequent to the shifting of electrical lines for the purpose of NH 66 widening, the existing Low Tension line was re-routed through the side of the widened National Highway. It was thereafter that the petitioner experienced voltage fluctuation.
15. The KSEBL would assert that the data downloaded from the meter found sufficient voltage at the point of supply. The substituted transformer has a capacity of 160 KVA and is located about 290 metres away from the premises of the petitioner. The KSEBL will assert that the load survey data downloaded from the meter of the petitioner and other nearby consumers would show that the Distribution Transformer has enough capacity to provide the demanded load of the petitioner and voltage at "point of supply" is within the permissible limits.
W.P.(C) No.9920/2024: 10 :
16. Respondents 1 to 3 would allege that since sufficient voltage is supplying at the meter point, the voltage fluctuation experienced by the petitioner should be assumed as due to the faulty and inadequate stabilizing equipment used by the petitioner. According to the KSEBL, as per the applicable regulations, a 65 KVA booster stabilizer must be connected to operate a 37 KW Three Phase induction motor, as employed in the premises of the consumer. The petitioner would assert that he has installed such a booster stabilizer.
17. According to Regulation 6(1)(a)(ii) of the Kerala Electricity Supply Code 2014, the specified voltage level for LT Three Phase supply is 415 V between phases. Variation up to 6% in Low Tension supply is allowed under Regulation 7(i), permitting voltage to range from 390 V to 440 V at the point of supply. The issue faced by the petitioner is that during compressor operation, the supply voltage in the meter consistently fluctuates below 390 V, which would only indicate deviation from the permissible supply voltage. W.P.(C) No.9920/2024 : 11 :
18. The additional 5th respondent at whose instance the machinery are installed would swear that the compressor of the petitioner is equipped with a Star Delta Starter to limit starting current. A 30 KVAR Capacitor Bank is installed for power factor improvement in LT panel. Furthermore, a 65 KVA Servo Stabilizer is installed at the petitioner's end for additional voltage stabilization for initial compressor starting current. Any stabilizer or other machinery installed to stabilise the voltage will function properly only if the supply voltage remains within the permissible range of 390 V to 440V.
19. The findings of the Expert Commissioner are relevant in this regard. The report reads as follows:-
Dip and fluctuation of Voltage noticed when the machine was operated on KSE Board Supply.
No Load Voltage 418 414 418
When Machine Started 376 375 390
Equipments are not faulty.
When the machine was operated on other source i.e. a generator no dip or fluctuation of voltage noticed.
No Load Voltage 413 414 414
When Machine Started 413 413 413
W.P.(C) No.9920/2024
: 12 :
Since the petitioner is an existing consumer and was working for the last few years KSE Board may take action to redress the grievance of the petitioner.
20. It is evident that when the machine was operated with a generator, no dip or fluctuation of voltage was noticed by the Expert Commissioner. It necessarily implies that the stabilizer and other machinery installed in the premises of the petitioner are functioning properly. In the circumstances, one has to conclude that the power supply of the petitioner at the supply point is not within the permissible range from 390 V to 440 V.
21. The KSEB Limited having granted the petitioner an electricity connection with connected load of 44.02 KW is bound to supply electricity to the petitioner's premises with voltage within the range 390 V - 440 V. It is evident that the supply made by the KSEBL is beyond the permissible limits. In the circumstances, the petitioner is entitled to relief.
22. Respondents 1 to 3 are therefore directed to supply electrical energy to the petitioner with sufficient W.P.(C) No.9920/2024 : 13 : voltage. All necessary steps in this regard shall be taken within a period of one month.
Writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE aks/10.07.2024 W.P.(C) No.9920/2024 : 14 : APPENDIX OF WP(C) 9920/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER FROM KOTTUVALLY GRAMA PANCHAYATH FOR THE YEAR 2023 TO 2024 DATED 26.04.2023.
Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER BEARING REGISTRATION NO. 32 ABLPM9193NIZW DATED 24.06.2019 BY CTO, NORTH PARAVUR.
Exhibit P3 TRUE COPY OF COMMUNICATION NO.
DB/ESD/NPR/20-21/11 DATED 07.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P4 TRUE COPY OF THE DEMAND AND DISCONNECTION NOTICE ISSUED TO THE PETITIONER UNDER REGULATIONS 122 & 123 OF KERALA ELECTRICITY SUPPLY CODE DATED 01.11.2023 WHICH ALSO EVIDENCE PAYMENT OF THE PREVIOUS DEMAND.
Exhibit P5 TRUE COPY OF THE DEMAND AND DISCONNECTION NOTICES ISSUED TO THE PETITIONER UNDER REGULATIONS 122 & 123 OF KERALA ELECTRICITY SUPPLY CODE DATED 01.12.2023, WHICH ALSO EVIDENCE PAYMENT OF THE PREVIOUS DEMAND.
Exhibit P6 TRUE COPY OF THE DEMAND AND DISCONNECTION NOTICE ISSUED TO THE PETITIONER UNDER REGULATIONS 122 & 123 OF KERALA ELECTRICITY SUPPLY CODE DATED 01.01.2024, WHICH ALSO EVIDENCE PAYMENT OF THE PREVIOUS DEMAND.
W.P.(C) No.9920/2024: 15 :
Exhibit P7 TRUE COPY OF THE DEMAND AND DISCONNECTION NOTICE ISSUED TO THE PETITIONER UNDER REGULATIONS 122 & 123 OF KERALA ELECTRICITY SUPPLY CODE DATED 03.02.2024 WHICH ALSO EVIDENCE PAYMENT OF THE PREVIOUS DEMAND.
Exhibit P8 TRUE COPIES OF THE DEMAND AND DISCONNECTION NOTICE ISSUED TO THE PETITIONER UNDER REGULATIONS 122 & 123 OF KERALA ELECTRICITY SUPPLY CODE DATED 01.03.2024 WHICH ALSO EVIDENCES PAYMENT OF THE PREVIOUS DEMAND.
Exhibit P9 TRUE COPY OF THE SPOT BILL DATED 01.03.2024.
Exhibit P10 TRUE COPY OF THE RECEIPT DATED 02.03.2024 ISSUED TO THE PETITIONER BY THE RESPONDENTS.
Exhibit P11 TOKEN ISSUED BY THE RESPONDENTS FOR THE ONLINE COMPLAINTS BEARING NUMBER 13112650511.
Exhibit P12 TOKEN ISSUED BY THE RESPONDENTS FOR THE ONLINE COMPLAINT BEARING NUMBER 13112650859.
Exhibit P13 A TOKEN ISSUED BY THE RESPONDENTS FOR THE ONLINE COMPLAINT BEARING NUMBER 13112650399.
Exhibit P14 TRUE COPY OF THE REQUEST LETTER DATED 5-03-2024 DULY ACKNOWLEDGED BY THE 3RD RESPONDENT.