IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25848 of 2009(A) -------------------------- PETITIONER(S): --------------- BHARAT SANCHAR NIGAM LTD., REPRESENTED BY DIVISIONAL ENGINEER, CHATHANNOOR, O/O.THE GENERAL MANAGER, KOLLAM. BY ADV. MR.C.S.RAMANATHAN RESPONDENT(S): ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY CHAIRMAN, VYDYUDHI BHAVAN, TRIVANDRUM. 2. DEPUTY CHIEF ENGINEER, KSEB, ANTI POWER THEFT SQUAD, VYDHUTHI BHAVAN, TRIVANDRUM. 3. ASSISTANT ENGINEER, KSEB, ANTI-POWER THEFT SQUAD, TRIVANDRUM. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, CHATHANNOOR. BY PUBLIC PROSECUTOR P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 25848 of 2009 ................................................. Dated this the 15th day of September, 2009 J U D G M E N T The petitioner is the Bharat Sanchar Nigam Limited (BSNL). In respect of connected load in their Chathannoor telephone exchange, officers of the electricity board conducted an inspection on 9.8.2001 and prepared a mahazar on the allegation that connected load is more than the contracted load. Dispute now raised by the petitioner is as to whether Switched Mode Power Supply (SMPS) unit is part of the connected load. The very same issue was considered by a learned Single Judge of this court by Ext.P1 judgment in W.P(C) Nos. 1229 & 20739 of 2009. In that judgment the learned Single Judge held that in so far as the dispute is between an organisation owned by the Government of India and Kerala State Electricity Board which is an organisation of the Kerala State Government, it is only appropriate that the dispute is resolved by referring the matter to a high power committee in tune with Supreme Court directions in similar disputes between state entities as also the W.P(C) No. 25848 of 2009 -2- decision of the Division Bench of this Court in W.A. No. 1912 of 2004. In view of that judgment, I am of opinion that the issue involved in this writ petition shall also be referred to the very same committee constituted as per Ext.P1 judgment. Accordingly, this writ petition is disposed of with the following directions: The dispute as to whether the SMPS units of the petitioner are liable to be taken into account while computing the connected load in the exchanges will be decided to the high power committee to be constituted as directed in the W.A. No.1912 of 2004 . Further proceedings as per the impugned demand shall be taken only in accordance with the decision of the said committee, if warranted. However, it is clarified that normal bill amounts shall be paid by the petitioner. S. SIRI JAGAN, JUDGE rhs