Kunnath Paper Mills Pvt. Ltd v. Kerala State Electricity Board Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10420 of 2015 (B) ------------------------------------- PETITIONER:

-------------------------- KUNNATH PAPER MILLS PVT. LTD MEENKARA DAM P.O.

PALAKKAD PIN 678 507 REPRESENTED BY ITS MANAGING DIRECTOR BY ADVS.SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM RESPONDENTS:

---------------------------- 1.

KERALA STATE ELECTRICITY BOARD LTD.

VYDHYUDHIBHAVANAM, PATTAM THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY 2.

THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL CIRCLE, PALAKKAD - 678 011 3.

THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD LTD VYDHYUDHIBHAVANAM, PATTAM THIRUVANANTHAPURAM - 695 011 4.

THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD LTD.

ELECTRICAL SECTION, MUTHALAMADA PALAKKAD DISTRICT - 675 011 5.

THE ASSISTANT ENEGINEER (ANTI POWER THEFT SQUAD) KERALA ELECTRICITY BOARD LTD.

PALAKKAD - 675 011 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10420 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE HT AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT P2 :

COPY OF THE SCHEME APPROVAL GRANTED BY THE ELECTRICAL INSPECTORATE DATED 13.08.2012 P3 :

COPY OF THE REPORT P4 :

COPY OF THE MAHZER DATED 06.06.2013 P5 :

COPY OF THE DEMAND NOTICE ALONG WITH THE CALCULATION STATEMENT P6 :

COPY OF THE FINAL ORDER PASSED BY THE 3RD RESPONDENT 24.07.2013 P7 :

COPY OF THE ORDER DATED 17.07.2013 P8:

COPY OF THE ORDER DATED 05.03.2015 P9:

COPY OF THE B.O. (FB) NO. 2518/2013 (KSEB/TRAC/SCODE/R2/2009 DATED 28.11.2013 P10:

COPY OF THE PETITION OP. NO. 26/2013 P11:

COPY OF THE ORDER DATED 3.10.2013 IN O.P.26/2013 PASSED BY THE REGULATORY COMMISSION P12: COPY OF THE ORDER DATED 15.03.2011 IN D.P.-84/2010 PASSED BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 10420 OF 2015 ---------------------------------------- Dated this the 31st day of March, 2015

JUDGMENT

The principal point urged by the petitioner is that Ext. P6 order of assessment by the fourth respondent militates against Ext. P9 order issued by the first respondent. Ext. P9 order was issued subsequent to Ext. P6 order and the parties are at variance whether it does have an impact or not. 2.

Nevertheless I permit the petitioner to submit a detailed representation to the fourth respondent inviting his attention to Ext. P9 order. Any such representation if filed within two weeks from today shall be dealt with within two weeks thereafter. The demand under Ext.P6 order shall not be enforced till the representation put in by the petitioner is considered as directed. Needless to say that the petitioner shall be put on notice and heard in the exercise. 3.

The petitioner will lose the benefit of this judgment if no such representation as permitted is filed within the time stipulated. All other contentions are left open. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS