Question involved in all the 3 cases is regarding the tariff applicable to Cellular Mobile Towers. In an order passed by the Kerala State Electricity Regulatory Commission, dated 07.01.2010, it is declared that the tariff applicable to Cellular Mobile Towers shall be LT VIIA (commercial). It is noticed that in certain cases connections were effected on temporary basis because the companies have not produced necessary clearances from the local authorities concerned. Such temporary connections were provided based on specific conditions that necessary clearances will be produced within a period of 6 months. But the temporary services continued even after 6 months, despite non-production of the necessary clearances. In the order of the Regulatory Commission dated 07.01.2010 it is clarified that, such connection can be permitted to continue for a further period of three months as temporary connections, within which time the consumers have to obtain all stipulated clearances. W.P.(C). Nos. 26196, 26946 & 30797 of 2010 -2-
However it was clarified that the tariff applicable to such consumers also shall be under LTVIIA and not under LTIII.
2. In these writ petitions challenges are raised against the bills issued demanding payment of charges under LTIII, even after the order dated 07.01.2010. Disconnections effected based on default in payment of such demands was also challenged in these writ petitions. It is noticed that by virtue of interim orders issued reconnection was ordered and the petitioners were allowed to continue payment of charges under LTVIIA tariff. Contention of the petitioners is that on the basis of order of the Regulatory Commission they are entitled to continue under LTVIIA. Per contra, learned Senior counsel appearing on behalf of the respondents contended that the time granted for continuance under the temporary connection, by virtue of order of the Regulatory Commission, was only for a period of 3 months. If the consumer fails to produce necessary clearances the connections are liable to be disconnected.
3. Considering the rival contentions, this court is of W.P.(C). Nos. 26196, 26946 & 30797 of 2010 -3-
the opinion that, in view of the order of the Regulatory Commission, dated 07.11.2010, the petitioners are liable for payment of charges only under LTVIIA. Therefore the impugned demands are hereby quashed. The respondents concerned are directed to revise the demands applying LTVIIA tariff. Revised demand notices shall be issued to the petitioners at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. Two weeks time for payment of the arrears if any due shall be allowed from the date of service of such revised demand.
4. It is made clear that the respondents will be free to proceed with appropriate actions in not permitting continuance under the temporary connections, if the petitioners have failed to comply with the stipulations contained in the order of the Regulatory Commission, with respect to production of clearances.
Sd/-
C.K. ABDUL REHIM, JUDGE Pn