Point of Law: A notice in writing means, it should be made clear in black and white that if the consumer is not paying the bill within the time period prescribed in the bill, the Board will be at liberty to disconnect the supply after 15 clear days’ notice. What the consumer is required, information as to the due date for payment and if not done, what is the consequence thereof is it not provided in the bill. Answer is ‘yes’.

JUDGMENT :

S. Manikumar, J.

Instant writ petition is filed by Mr. Prabhu K.N., party-in-person, seeking for the following reliefs:

“(i) Issue a writ of mandamus or any other appropriate writ or direction to the 1st respondent to issue the electricity bill provided to the consumers in Malayalam, the vernacular language, to enable the consumers, the ordinary citizens, understand the contents of the same.

(ii) Issue a writ of mandamus or any other appropriate writ or directions to the 1st respondent not to title the Electricity bill provided by the 1st respondent to the consumers as "DISCONNECTION NOTICE".

(iii) Issue a writ of mandamus or any other appropriate writ or direction to the 1st respondent not to disconnect the service/Electricity connection of the consumers without serving a separate 15 days' notice for disconnection, as stipulated under Regulation 139(1) of Kerala Electricity Supply Code, 2014.”

2. Mr. Prabhu K.N., petitioner in person, has contended that Regulation 122 of the Kerala Electricity Supply Code, 2014 (for short ‘Supply Code, 2014’) stipulates the general provisions relating to billing. Regulation 123 stipulates the information to be provided in the Electricity bill, by the Kerala State Electricity Board (‘Board’ for short), 1st respondent, to the consumers.

3. He has contended that even though it is not specifically stipulated in the former statute that the Electricity bill provided by the Board to the consumers, should be in vernacular language, it is highly necessary that the Board to issue the Electricity bill provided to the consumers in Malayalam, the vernacular language, so as to enable an ordinary citizen to understand the contents of the same, whereas the Board is issuing the Electricity bill provided to the consumers in English.

4. He has further contended that the pattern/format of Electricity bill, provided by the Board to the consumers, is per se illegal, as it is titled as "DEMAND CUM DISCONNECTION NOTICE (As per Regulations 122 and 123 of the Kerala Electricity Supply Code, 2014)" in the prevailing circumstances, inter alia, that Regulations 122 and 123 do not pertain to disconnection of service/electricity connection.

5. He has further contended that ignoring the specific and transparent stipulations under Regulations 138 and 139 of the Kerala Electricity Supply Code, 2014 read with Section 56 of the Electricity Act, 2003, Board is illegally making disconnection of service/electric connection of the consumers, without issuing a separate notice for disconnection, as stipulated under Regulation 139(1) of the Kerala Electricity Supply Code, 2014, even in the present pandemic situation.

6. Kerala State Electricity Board Limited – respondent No.1, has filed a detailed counter affidavit refuting the allegations and demands raised in the writ petition. It is submitted that the Board is issuing the bill with all the details, as to the payment to be made, date of the bill, due date of payment, and consequently, the disconnection date. It is also pointed out that the disconnection date contained in the bill is, after a period of 15 clear days from the due date provided in the bill.

7. In this regard, learned standing counsel has also invited our attention to one of the bills produced by the writ petitioner.

8. Further contention made by the learned standing counsel for the Kerala State Electricity Board is that the bill is issued in accordance with Regulations 122 and 123 of the Kerala Electricity Supply Code, 2014.

9. It is also pointed out that what is contemplated under Regulation 139 of the Supply Code 2014 is only a notice in writing with respect to the disconnection date.

10. In order to have a clarity to the issues raised by the petitioner, as regards issuance of the bill, in vernacular, and a separate notice, in contemplation of Regulation 139, and for effectively considering and adjudicating the reliefs sought for, relevant provisions are extracted:

“122. General provisions relating to billing.-(1) On eff