Kerala State Electricity Board (KSEB) is challenging Ext.P4 order passed by the 1st respondent. The 2nd respondent herein had approached the 1st respondent in a complaint against the demand for remittance of the proportionate cost on transmission charges with respect to the additional load applied by him. The 1st respondent in Ext.P4 order found that, the demand is unsustainable and directed that, portion of the demand issued towards transmission development charges is invalid and directed to revise the demand accordingly. It was also directed to allow the additional power load applied for by the 2nd respondent within a time limit stipulated in the Supply Code 2005. 2. Question regarding sustainability of demand for proportionate cost on transmission development charges, was subjected to dispute before this court. In the judgment in WP(C) No.18726/2011 and connected cases, W.P.(C). No. 12982 of 2014 -2-
dated 22.11.2012, this court found that the demand cannot be sustained. This writ petition is filed on the premise that Writ Appeals (W.A. No.1042/2013 & connected cases) filed against the above said judgment are pending disposal. But this court is of the opinion that unless the legal position is reversed, the demand raised cannot be sustained. At the same time if the issue is ultimately settled in favour of the Board then the 2nd respondent will be liable to make payment of the amount.
3. Under the above mentioned circumstances, I do not find any illegality or infirmity with the impugned order passed by the 1st respondent. The 2nd respondent is entitled to get the additional load sanctioned without payment of proportionate cost on the transmission development charges. However, it is made clear that the Board will be at liberty to realise such amounts if it is ultimately found that the consumer is liable.
4. In the result, this writ petition is dismissed reserving liberty to the petitioner Board to realise the proportionate cost on transmission charges, if it is W.P.(C). No. 12982 of 2014 -3-
ultimately decided by the Division Bench of this court that such charges are leviable from the consumer.
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C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn