IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WA.No. 2415 of 2006() --------------------- AGAINST THE ORDER IN WPC.1018/2006 Dated 23/11/2006 .................... APPELLANT(S): PETITIONER ------------------------ M/S.STEEL COMPLEX LTD., POST BOX NO. 42, FEROKE-673 631, KOZHIKODE, REP. BY ITS MANAGING DIRECTOR, MR.K.SASIKUMARAN. BY ADV. SRI.T.V.GEORGE RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTAM, THIRUVANANTHAPURAM-695 004. 2. SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004. 3. THE ASST.ENGINEER, ELECTRICAL SECTION, NALLALAM, KOZHIKODE. 4. DEPUTY CHIEF ENGINEER, T.C.NALLALAM, KOZHIKODE. 5. STATE OF KERALA, REP. BY ITS SECRETARY TO INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, ALONG WITH WPC 1018/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ---------------------------------------- WA. No.2415/2006 & WPC No.1018 of 2006 ---------------------------------------- Dated, the 15th October, 2009 JUDGMENT Ramachandran Nair, J. The appellant is a fully owned State Government undertaking which is a sick industry remaining closed. The Writ Petition was filed challenging the proceedings initiated by the KSE Board for recovery of arrears of current charge dues. Counsel for the appellant submitted that there is a proposal for restructuring the appellant company with the Steel Authority of India which is under the control of Government of India. We do not think this is a matter which should be settled by this Court because both the agencies are under the control of the Government. In similar case the Supreme Court in ONGC AND ANOTHER V. COLLECTOR OF CENTRAL EXCISE (JT 1991(4) S.C.158) held that the dispute should be settled by Government by constituting a Committee consisting representatives from the Ministry of Industry and Secretaries of the concerned departments. We do not think that there is any difficulty for the WA 2415/06 & WPC 1018/06 -:2:- Government to settle this matter, particularly, when there is a proposal for restructuring the industry with the assistance of Steel Authority of India. We therefore, allow the writ appeal vacating the interim order passed by the learned Single Judge directing the Chief Secretary to constitute a committee consisting of himself as Chair Person and the Secretaries of concerned departments as Members and decide the matter after hearing the Electricity Board and also the company and consider the proposal for restructuring the industry. The writ petition is closed. C.N.RAMACHANDRAN NAIR JUDGE V.K.MOHANAN, JUDGE kvm/- WA 2415/06 & WPC 1018/06 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..