IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26632 of 2009(Y) -------------------------- PETITIONER(S): --------------- BHARAT SANCHAR NIGAM LTD., REP.BY DIVISIONAL ENGINEER,CHANGANASSERY, O/O.THE GENERAL MANAGER,KOTTAYAM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY CHAIRMAN,VYDYUDHI BHAVAN, TRIVANDRUM. 2. ASSISTANT EXECUTIVE ENGINEER, KSEB,ELECTRICAL SECTION,THRIKODITHAM. 3. SUB ENGINEER, ELECTRICAL SUB DIVISION,THRIKODITHAM. 4. REGIONAL AUDIT OFFICER, KSEB,KOTTAYAM. ADV.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26632 of 2009 ================== Dated this the 23rd day of September, 2009 J U D G M E N T This writ petition relates to a dispute between two entities owned by the Central Government and the State Government. The petitioner is the Bharat Sanchar Nigam Ltd., which is a Government of India undertaking. They are aggrieved by the demand by the Kerala State Electricity Board owned by the Government of Kerala for penalty for unauthorised additional load in their Nalkody Exchange. The question as to whether there is any unauthorised additional load is under dispute. That dispute revolves round the question as to whether Switched Mode Power Supply (S.M.P.S.) units should be included in the connected load for the purpose. A Division Bench of this Court in W.A.No.1912/2004 directed the Board to refer the very same question in respect of another exchange of the petitioner, for a decision of a High Power Committee constituted by it. Since the issue involved is identical, I am of opinion that the issue in this writ petition also shall be considered by the very same High Power Committee constituted pursuant to the order of the Division Bench. Accordingly, I direct the 1st respondent to refer this dispute also to the High Power Committee constituted pursuant to the order of the Division Bench in W.A.1912/2004. The High Power Committee shall give its decision 2 within four months. Till the High Power Committee takes a decision, coercive proceedings for recovery of the amounts as per Ext.P6 shall be kept in abeyance. This writ petition is disposed of with the above directions. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge