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2026 Supreme(Online)(Ker) 5151

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
JOE I. MANGALY – Appellant
Versus
ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KALPATHY – Respondent
WP(C) NO. 3053 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.SINDHU SANTHALINGAM, SHRI.A.D.SHAJAN, SMT.JESSY S.SALIM
For the Respondents: SRI.RIJI RAJENDRAN

One Time Settlement schemes are binding; once claims are settled, they cannot be reopened.

Headnote:Under the One Time Settlement (OTS) Scheme, once accepted, parties cannot reopen previously settled claims; the court emphasized the binding nature of the OTS terms. The petitioner’s refund claims, already settled during OTS, cannot be revisited, leading to the dismissal of the writ petition.

Table of Content
1. the petitioner accepted a binding ots settlement. (Para 2 , 5)
2. the electricity board provided detailed justification of claims. (Para 3 , 4)
3. no reopening of claims post-ots acceptance. (Para 6)

JUDGMENT

Petitioner challenges Exts.P4, P5, P6, P6(a) and P10 order. There is also a prayer claiming a refund of the amount allegedly due from the board.

2. It is not in dispute that pending the writ petition, the petitioner had availed the one time settlement scheme (OTS), and the liability of the petitioner amounting to Rs.1,10,76,583/- (Rupees one crore ten lakhs seventy six thousand five hundred and eighty three only) was reduced to Rs.22,27,559/- (Rupees twenty two lakhs twenty seven thousand five hundred and fifty nine only). The petitioner contends that they are entitled to a refund of the amount from the board, as there were mistakes in the bills issued to them.

3. Taking note of the above contention, this Court passed the following order on 25.11.2025:-

“There will be a direction to the Electricity Board to file an affidavit as to how the figure of Rs.22,27,559/- was arrived at, when the outstanding amount due from the consumer was Rs.1,10,76,583/-, and when W.P.(C) No.3053/2025 seeking refund of amounts, was pending consideration.

2. The affidavit shall also include the amounts, if any, paid by the petitioner towards the arrears due and also the balance payment towards the OTS. The affidavit shall specify whether the Board was aware of the claim of refund by the petitioner while sanctioning the OTS. The affidavit shall be filed within two weeks from today.

Post on 11.12.2025.”

4. Pursuant to the above, an affidavit has been filed by the board, which reads as follows:-

“3. It is respectfully submitted that the amount of Rs.1,10,76,583/- represented the total accumulated arrears in the consumer account over a long period, including principal dues and interest.

4. It is submitted that upon the introduction of the One Time Settlement Scheme, the petitioner opted to settle the arrears under the said scheme. The total outstanding amount considered for the purpose of OTS was Rs.1,10,76,583/-. As per the terms of the OTS Scheme, interest for a period of ten years preceding the year 2025 was waived. A true copy of the OTS Scheme dated 30.04.2025 and OTS Scheme dated 05.08.2025 is produced herewith and marked as Exhibit R1(b) and Exhibit R1 (c)

respectively.

5. Upon the request of the consumer and in accordance with the terms of the OTS Scheme, a detailed calculation statement was generated. As per the said calculation statement, after giving due credit to the admissible reductions and adjustments, the amount payable under the OTS was arrived at as Rs.23,17,160/. Since the consumer opted to remit the entire amount in lump sum, a further rebate of 5% was granted, and accordingly, a sum of Rs.22,27,559/- was fixed as the final OTS amount, which was remitted by the consumer. It is pertinent to note that by availing the OTS Scheme, the consumer obtained a concession to the extent of Rs.88,49,024/-. The details of the settlement have been forwarded for approval to the Board, based on the Exhibit R1(a) undertaking submitted by the consumer. A true copy of the detailed calculation statement for the OTS Scheme is produced herewith and marked as Exhibit Rl(d)

6. In the reply affidavit filed by the petitioner, he seeks refund under three heads, namely: - i) Light Meter - Short Assessment, ii) Disconnection charges, and iii) APTS-UAL penalisation. It is respectfully submitted that the amounts claimed under the above heads have already been taken into account and adjusted while arriving at the figure of Rs.22,27,559/- under the OTS.

7. It is respectfully submitted that the said figure of Rs.22,27,559/- is therefore not a fresh or independent demand, but the reduced amount payable under the OTS, arrived at after granting the petitioner the benefits available under the scheme, from out of the total arrears of Rs.1,10,76,583/-. A calculatio

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