IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Con.Case(C).No. 335 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.22456/2007 .................... : PETITIONER/PETITIONER IN WPC NO.22456/07 --------------------------------------------------------- K.P.HASHIM, AGED 67, S/O. LATE C.K.UPPY HAJEE, MANAGING PARTNER, HARBOUR FISHERIES, RESIDING AT 33/282-B, CHUCKINGAL ROAD, PALARIVATTOM P.O., KOCHI-682 025, ERNAKULAM DISTRICT. BY ADV. SRI.M.N.MATHEW RESPONDENTS: 1ST RESPONDENT WPC NO.22456/07 ------------------------------------------- M.SUBAIR, AGED ABOUT 53, S/O. NOT KNOWN TO THE PETITIONER, SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.S.ANIL, SC, KSEB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ---------------------- Contempt of Court Case No. 335 of 2008 ------------------------------------ Dated, this the 14th day of March, 2008 J U D G M E N T The Contempt of Court Case is filed on the allegation that as against 12 months average consumption directed to be taken for billing purpose, the respondent has taken 15 months. However, on going through Annexure A/2 statement produced by the KSEB, it is clear that the plant was shut down from March to July 2001 and therefore the Board excluded such period for the computation of liability. Even though, learned counsel for the petitioner contended that plant was not shut down, I am unable to accept the same because the consumption in the industry during this period was as low as 40 units to 120 units. The exclusion of consumption from March to July 2001, i.e. during the period of shut down, is perfectly justified. The Contempt of Court Case is, therefore, devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE.) jg