IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 7685 of 2009(E) -------------------------------------------- PETITIONER(S): --------------------- S.D.SHIBU, ANNOOTTIL GRANITES, CHAVARCODE, PARIPALLY P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHIEF ENGINEER, (COMMERCIAL AND TARIFF), VAIDHUTHIBHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KALLAMBALAM, THIRUVANANTHAPURAM. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 7685 OF 2009 E -------------------------------------- Dated this the 16th March, 2009 JUDGMENT Case of the petitioner, in brief, is as follows: Petitioner's Unit is an Industrial Unit manufacturing granite tiles from granite blocks. The consumption is stated to be around 50 HP average per month. The approved tariff is stated to be LT IV. It is stated that marble dealing units are charged under LT VII A category and it has been approved by the Commission. However, Ext.P7 order is issued by the respondent Electricity Board. It is challenged on the ground that there is no authority for the Board without approval from the commission to unilaterally club the unit of the petitioner as coming under LT VII A category. Ext.P2 is a notice billing the petitioner under LT VII A. Petitioner relies on a Division Bench decision of this Court in M. Sainalabdeen v. KSEB and Others (2006 (1) ILR 162). WPC.7685/09 E 2 2. I heard the learned counsel for the petitioner and the learned standing counsel. Following the said Judgment, the Writ Petition is allowed and it is ordered as follows: The first respondent Electricity Board will place the matter as to whether granite cutting unit will fall under LT IV or LT VII A tariff, before the Kerala State Electricity Regulatory Commission. This will be done within a period of two weeks from the date of production of a copy of this Judgment. Thereafter, the Regulatory Commission will pass appropriate orders in accordance with law, within a period of two months from the date on which the Electricity Board places the matter before the Regulatory Commission. Till such time, the petitioner will be treated as falling under LT IV category and billed accordingly. In view of the fact that the power supply has been disconnected, there will be a further direction to the second respondent to reconnect the electric connection to the petitioner, upon the petitioner clearing the entire amount due with reconnection fee on the basis that it is to be billed under LT WPC.7685/09 E 3 IV category. This, however, will be provisional and subject to the outcome of the decision of the Regulatory Commission. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge