Indus Tower Limited v. Kerala State Electricity Board & ORS

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).No. 26743 of 2010 (P) -------------------------------------- PETITIONER:

-------------------------- M/S. INDUS TOWERS LIMITED (INFRASTRUCTURE SERVICE PROVIDER OF BHARTI AIRTEL LTD., VODAFONE ESSAR CELLULAR LTD. AND IDEA CELLULAR LTD.) DULY AUTHORISED HEAD(LEGAL), PREMAKRISHNAN NAIR M N, 8TH FLOOR, VANKARATH TOWERS NH BYPASS, PADIVATTOM, KOCHI-24 BY ADV. SRI.P.SATHISAN RESPONDENTS:

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT VYDHYUTHIBHAVAN, THIRUVANANTHAPURAM-01.

2. ASSISTANT ENGINEER, ELECTRICAL SECTION, UNNIKULAM, CALICUT DISTRICT 01

3. ASSISTANT ENGINEER, ELECTRICAL SECTION, THALASSERY NORTH, KANNUR DISTRICT-670001.

4. ASSISTANT ENGINEER, ELECTRICAL SECTION, KODENCHERY, CALICUT DISTRICT - 01

5. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS CHAIRMAN THIRUVANANTHAPURAM-695 001.

R1 TO R4 BY ADVS. SRI.P.P.THAJUDEEN, SC, K.S.E.B R1 TO R4 BY ADVS. SRI.T.R.RAJAN, SC, K.S.E.B. SMT.NAZEEBA.O.H., SC,KERALA STATE ELECTRICITY BOARD SRI.RAJU JOSEPH (SR.) SRI.K.T.PAULOSE, SC, KSEB R5 BY ADVS. SRI.S.SREEKUMAR, SC, KSERC SRI.P.NANDAKUMAR,SC,KSEB REGULATORY COMMISSION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26743 of 2010 (P) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

COPY OF THE REGISTRATION CERTIFICATE FOR INFRASTRUCTURE PROVIDER CATEGORY-I (IP-I) EXHIBIT P1(a):

COPY OF THE CERTIFICATE ISSUED BY GOVT. OF INDIA WITH RESPECT TO THE NAME CHANGE EXHIBIT P2:

COPY OF THE BILL ISSUED BY 2ND RESPONDENT DATED 17.07.2010 EXHIBIT P2(a):

COPY OF THE BILL ISSUED BY 3RD RESPONDENT DATED 16.07.2010 EXHIBIT P2(b):

COPY OF THE BILL ISSUED BY THIRD RESPONDENT DATED 15.07.2010 EXHIBIT P3: COPY OF THE CIRCULAR DATED 27.05.2009 ISSUED BY KSEB EXHIBIT P4: COPY OF THE ORDER IN W.P.(C). NO. 2241/2010 DATED 22.01.2010 EXHIBIT P5: COPY OF ORDER ISSUED BY THE TARIFF REGULATORY COMMISSION DATED 07.01.2010 RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 26743 OF 2010 ---------------------------------------- Dated this the 3rd day of June, 2015

JUDGMENT

The tariff applicable to Cellular Mobile Towers is LT-VII A (Commercial). It stands so declared by the Kerala State Electricity Regulatory Commission in its order dated 7.1.2010. This Court has also echoed the same in the judgment dated 10.06.2014 in W.P.(C). No. 26196 of 2010 and connected cases.

2.

The impugned bills raising demand under LT-III are hereby quashed. The respondents concerned are directed to revise the demand applying LT-VII A tariff. The revised bills shall be issued to the petitioner within a period of one month from today. The electricity connection can be snapped in case the formalities for LT VII A tariff are not complied with. The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS