By Smt. Padmini Sudheesh, President Petritioners case is as follows: Petitioners are the legal heirs of the deceased V.P.Kumaran. Petitioners acquired the property of the deceased Kumaran as per will. Petitioners are the consumers of respondent 1 and the number is 1544/LTV/Y1/5. The connection is agricultural and was free of cost. Petitioners were enjoying the connection from 1997 onwards as free of cost. Till the month of November 2007 the complainant was enjoying the benefit of exemption. On 13/11/07 the 2nd respondent issued a disconnection notice and disconnected on 22/2/08. Petitioners were informed that he is not entitled to agricultural exemption and had to pay Rs.9,859/- which is due from 7/99 as arrears. Petitioners are not entitled to pay any amount to the respondents. Hence this petition. 2.Respondent 1 and 2 filed counter to the effect that : The disputed connection is not exempted from charges. Petitioners are not the consumer of KSEB. One Mr.V.P.Kumaran is the consumer. Only because of arrears the connection has been disconnected. After six months the connection is dismantled on 21/2/08. 3.Respondent 3 has filed counter stating that no application has filed by the petitioner for granting exemption. If application is filed, it can be considered 4.On going through the versions we think that usual directions given in such matters will do in this case also. 5.In the result, the complaint is allowed and the complainant is directed to file an application before the 3rd respondent, the Agricultural Officer concerned seeking exemption granted to agriculturists within one month from today and the 3rd respondent is directed to dispose of the application within two weeks from the date of receipt of the same. It is to be remembered that if the complainant is entitled to have the exemption granted by the Government Notifications and in the light of the decision of the Honble High Court in the batch of cases, OP.Nos.3065, 5803, 6603, 10099 and 10365 of 2002, 6042 of 2000, 34698, 36963 and 36441 of 2001(L) dated 26.7.2002, the complainant is entitled to get exemption from the inception and in that case his name will be included in the list of exempted persons sent to the respondents-1 and 2. The respondents-1 and 2 are directed to wait for the orders of the 3rd respondent and they shall not take any coercive steps against the complainant pending decision of the 3rd respondent. Meanwhile, respondent 1 and 2 are directed to restore the electric supply within a week and if found that after enquiry by respondent 3, the petitioners are not entitled for exemption benefit, the petitioners have to clear off the arrears within 3 months and reinstate the supply. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 18th day of June 2008.
