IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 5977 of 2008(J) ------------------------- PETITIONER: -------------- M/S.GASHA STEELS (PVT.) LTD. NIDA, KANJIKODE, PALAKKAD DISTRICT, REPRESENTED BY ITS DIRECTOR, P.T.AYSHA. BY ADV. SRI.K.SRIKUMAR SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENTS: ----------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE SPECIAL OFFICER (REVENUE) K.S.E.B VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, PALAKKAD. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KSEB, KANJIKODE, PALAKKAD. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 5977 OF 2008 ----------------------------------- Dated this the 7th day of March, 2008 JUDGMENT The complaint of the petitioner is that the application for regularisation of unauthorised connected load and for enhancement of connected load are pending consideration and still further that Ext.P7 has been issued imposing penalty, though application for enhancement of connected load is pending. 2. Under the aforesaid circumstances, though the impugned action is under Section 126 of the Electricity Act, the first requirement is that, the grievance of the petitioner in relation to the non consideration of the application of the petitioner for enhancing the connected load, needs to be attended to. Under such circumstances, it is directed that if the petitioner makes appropriate application within a period of two weeks, the Consumer Grievances Redressal Forum, having jurisdiction over the area, will consider the case of the petitioner and issue appropriate orders and the parties will stand bound by such WPC No. 5977 OF 2008 2 directions. The question of correctness or otherwise of the action taken under Section 126 of the Electricity Act would depend upon the decision of the CGRF. Hence, the impugned action will stand deferred by three months within which the CGRF will decide the issue as directed above. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 5977 OF 2008 3