M/S.Surabhi Steels (P) Ltd. v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 22177 of 2015 (V) ---------------------------- PETITIONER(S):

---------------- M/S.SURABHI STEELS (P) LTD., MARUTHANCODE, AKATHETHARA PALAKKAD.

REPRESENTED BY ITS MANAGING DIRECTOR K.S.KHADER PILLAI, S/O.K.A.SAIDALY, AGED 66 YEARS RESIDING AT RUKHIYA BAG ROYAL LINE KADAVANTHARA, KOCHI - 682 020.

BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S):

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

KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM - 695 001.

2.

THE DEPUTY CHIEF ENGINEER KSEB, ELECTRICAL CIRCLE T.B.ROAD, PALAKKAD PIN - 678 014.

3.

THE EXECUTIVE ENGINEER KSEB, ELECTRICAL SECTION PALAKKAD - 678 101 4.

THE ASSISTANT EXECUTIVE ENGINEER KSEB, ELECTRICAL DIVISION KALPATHY, PALAKKAD - 678 101.

5.

THE ASSISTANT ENGINEER KSEB, ELECTRICAL SECTION OLAVAKKODE, PALAKKAD - 678 101.

6.

THE SPECIAL OFFICER (REVENUE) KSEB, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 4.

R BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.22177 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE HT AGREEMENT.

EXHIBIT P2 :

TRUE COPY OF THE EXTRACT OF THE BILLS EXHIBIT P3 :

TRUE COPY OF THE BILL DATED 28/3/2015 BY THE SIXTH RESPONDENT TO THE PETITIONER.

EXHIBIT P4 :

TRUE COPY OF THE DISMANTLING NOTICE DATED 10/6/2015 BY THE SECOND RESPONDENT.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.22177 of 2015 --------------------- Dated this the 23rd day of July, 2015

J U D G M E N T

Ext.P4 notice to dismantle the electricity connection is impugned. The contention of the petitioner are two fold and they are as under:- i) A force majeure condition exist in the company warranting the waiver of electricity charges. The petitioner relies on Clauses 16 and 17 of Ext.P1 agreement.

ii) No minimum tariff has been fixed for the contract demand. The decision in Jharkhand State Electricity Board and others v.

M/s.Laxmi Business & Cement Co. (P) Ltd. and another [2014 KHC 4141] is relied on.

2.The petitioner is free to urge the above contentions in the objection filed to Ext.P4 notice. Any objection filed within two weeks from today shall be dealt with within two weeks therefrom. Ext.P4 notice shall not be enforced in the meanwhile. This is subject to the condition that the petitioner remits

WP(C) No.22177/2015 one-fourth of the amount demanded thereunder within two weeks.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.