Kerala State Electricity Board vs Balachandran on 29 January, 2024
As per Section 56 of the Electricity Act, 2003 if the sum has
been shown continuously as recoverable as arrears of charges for
electricity supplied, the Board is entitled to recover the same.
Therefore, when a charge is created under Regulation 19(4) of the
Kerala State Electricity Board Terms and Conditions of Supply, 2005,
under Article 62 of the Limitation Act, 1963 the period of limitation for
realising the dues is 12 years. Regulation 19(4) of the Kerala State
Electricity Board Terms and Conditions of Supply, 2005 says that all
dues to the Board from a consumer shall be the first charge on the
assets of the consumer. This Court in Jaisy Chacko v. Kerala State
Electricity Board, Tvm and Others (2021 (3) KHC 19) has
considered this question and held that if the amount due has been
shown continuously as recoverable as arrears of charges for electricity
supplied, the Board is entitled to recover the same for which the period
of limitation is 12 years under Article 62 of the Limitation Act, 1963.
Therefore, I am in agreement with the contention of the learned
Standing Counsel for the KSEB that the finding of the trial Court that
the claim is barred by limitation is not sustainable.