M K SAIDALAVI Vs. ASSISTANT EXECUTIVE ENGINEER K S E B
LAWS(KER)-2003-3-7
HIGH COURT OF KERALA
Decided on March 04,2003

M.K.SAIDALAVI Appellant
VERSUS
ASSISTANT EXECUTIVE ENGINEER, K.S.E.B. Respondents

JUDGEMENT

- (1.) The four petitioners are agriculturists. Their case is that under the Government Orders in force, electricity charges in respect of their agricultural connections were being paid by the Agriculture Department through Krishi Bhavan and that without any notice and alleging arrears, the connections provided to these petitioners were disconnected on 16-1-2003, 20-1-2003, 30-1-2003 arid 27-1-2003 respectively. It is stated that all these petitioners hold less than 2 Hectares of land teach and as such are covered by the Government Orders in force for the eligibility of free electric supply for the agricultural connections.
(2.) On Behalf of the State it is pointed out that exemption would be given only in case their Barnes are recommended for the benefit by the Krishi Bhavan and in the instant case that was not there
(3.) That 1st petitioner got the benefit of exemption is sought to be established based on the endorsement in Ext. P1 bill forthe period August, 1995. The respondents do not specifically deny that fact. If so the next question is whether he had disentitled himself to that benefit by alienating his agricultural property of by acquisition/inheritance of more property in such a way that the total exent goes beyond 2 Hectares. Even though a contention is raised by the learned Government Pleader that the petitioner failed in applying to the Krishi Bhavan in time, that contention does hot appeal to me in view of the decision which has attained finality passed in Ammini Gopalakrishnan v. State of Kerala 2002 (3) Ker LT 553 : (AIR 2003 Ker 389) to the effect that the cut-off date, fixed in an inter departmental communication between the Government Secretary and the Director of Agriculture, has no special significance and that irrespective of whether the application was made before the cut-off date of 20-5-2001, the consumer would continue to get the benefit. It was directed that the petitioner in that case should approach the Local Agricultural Officer who should visit the farm of the petitioner, conduct investigation and then certify his eligibility within a period of one month.;


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