JUDGMENT

Notice Ext.P3(a) dated 31.12.2021 and order Ext.P5 dated

30.5.2022 of the Kerala State Electricity Supply Code, 2014 are sought to be quashed by the consumer with a further prayer of issuing directions to respondent No.2 to decide the representation dated 26.7.2022.

2. The petitioner is a partnership firm carrying on the business under the name and style Aiyappas Silk House, Kottayam which had electrical connection with consumer No.LCN 25/4911. The electricity charges for the period May 2020 becasue of the declaration of the national lockdown, could not be paid. The electricity connection of the aforementioned textile shop was disconnected on 12.2.2021 for non payment of the electricity bill dues with effect from 7.5.2020. On 22.2.2021, the petitioner had also given a specific written request to the fourth respondent to disconnect the power supply as the business activity had totally ceased with effect from 24.3.2020. The fourth respondent directed the petitioner to pay Rs.238/- towards disconnection charges. The amount was deposited as evident from the receipt dated 25.2.2021 Ext.P2. Petitioner had been approaching the respondents to adjust the arrears from the security deposit of Rs.3,12,580/- and refund the balance security amount. But, there was no positive reply. Vide letter dated 31.12.2021, the third respondent Deputy Chief Engineer, KSEB, Kottayam instructed the fourth respondent Assistant Engineer, Kottayam to serve the dismantling notice under Regulation 143(3) of the Kerala Electricity Supply Code, 2014 Ext.P3 wherein a demand of Rs.3,78,565/- was raised on the premise that the service connection of the consumer remained continuly disconnected for a period of 180 days. The demand was raised after adjustment of the security deposit, though the full amount was Rs.6,06,359/-. The petitioner submitted a reply dated 15.1.2022 Ext.P4 to the Deputy Chief Engineer on the ground that the supply was dismantled on 31.3.2021 and power supply was disconnected on 25.2.2021. The long delay for dismantling the supply to the premises is a serious failure on the part of the KSEB and thus was not liable to pay the charges. The Special Officer (Revenue) issued order dated 30.5.2022 Ext.P5 wherein it was observed that on verification of demand, collection and balance amount, the consumer had arrears including the interest up to 12.8.2021 and dismantling charges of Rs.18,117/-; after adjusting the security deposit the pending arrears was Rs.3,06,101/- and sanction was accorded to adjust against the security deposit with a direction to the Senior Superintendent to update the CPL, System Balance of consumer and AMU was directed to take necessary steps to recover the arrears by initiating revenue recovery proceedings. The petitioner again submitted Ext.P6 representation and the same is pending consideration. No opportunity of hearing was given to the petitioner and therefore, the impugned order is bad in law and liable to be quashed.

3. I have heard the counsel for the parties and appraised the paper book.

4. Regulation 143(3) of the Kerala Electricity Supply Code provides that if the service connection of the consumer remains continuously disconnected for a period of 180 days, except on the request of the consumer, the agreement is terminated after giving a notice of 15 days to the consumer and licensee shall issue a demand notice under the acknowledgment for termination of the agreement. Regulation 144 deals with the reasons for dismantling the service whereas Regulation 145 deals with dismantling on the request of the consumer. No material has been placed on record that the Electricity Board had ever issued a no-due certificate as prescribed under sub-clause (4) of Regulation 145. Since the petitioners were in arrears of the electricity charges, the licensee is required to charge not only for the dismantling, but the arrears also. It is a conceded position on record that the petitioner had not deposited the arrears for the period