M/S.Neerackal Latex (P) Ltd. v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12067 of 2015 (G) ------------------------------------- PETITIONER:

-------------------------- M/S.NEERACKAL LATEX (P) LTD.

MUTTUCHIRA P.O., KOTTAYAM DISTRICT, PIN - 686 613 REPRESENTED BY ITS MANAGING DIRECTOR SRI. N.J. JAMES BY ADVS.SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS:

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

KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM PIN - 695 004 2.

SPECIAL OFFICER(REVENUE) KSEB LIMITED VYDHUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM, PIN - 695 004 3.

ASSISTANT ENGINEER ELECTRICAL SECTION, KSEB LIMITED KADUTHURUTHY, PIN - 686 613 BY SRI.JAICE JACOB, SC, KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12067 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE ENERGISATION ORDER DATED 23.05.2011 EXHIBIT P2 COPY OF THE BILL DATED 16.6.2014 ISSUED UNDER LT TARIFF TO THE PETITIONER EXHIBIT P2(a) COPY OF THE BILL DATED 5.5.2014 ISSUED UNDER LT TARIFF TO THE PETITIONER EXHIBIT P3 COPY OF THE BILL DATED 5.7.2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 COPY OF THE 'AS FITTED DRAWING' APPROVED BY ELECTRICAL INSPECTORATE, KOTTAYAM EXHIBIT P5 COPY OF THE PENALTY BILL DATED 24.03.2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 COPY OF THE OBJECTION DATED 07.04.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.12067 OF 2015 ---------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The alleged non-segregation of light load and power load in the industrial premises is the reason for imposing penalty. The petitioner has in this regard submitted Ext. P6 objection to Ext. P5 bill demanding penalty.

2.

I direct the second respondent to consider Ext. P6 objection with notice to the petitioner. The coercive steps for realising the amount demanded under Ext. P5 bill shall be put on hold till Ext. P6 objection is considered. Ext. P6 objection shall be considered within a period of one month from today. The writ petition is disposed of.

V. CHITAMBARESH JUDGE