IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 19230 of 2003(L) -------------------------- PETITIONER(S): --------------- KOTTOORETHU COMPLEX, TOURIST HOTEL, REPRESENTED BY MANAGER, MAMMEN CHRIAN, KOTTOORETHU HOUSE, MUNDANCAVU, CHENGANNUR, PIN 689 121 BY ADV. SRI.K.K.JOHN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, TRIVANDRUM. 2. THE DIRECTOR, DEPARTMENT OF TOURISM, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 4. SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, ELECTRIC MAJOR SECTION, CHENGANNUR. R2 AND R3 BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON I.A. 5430 OF 2003 IN WPC 19230 OF 2003 DISMISSED 28.5.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE G.O. (MS) NO. 26/91/GAD DATED 24.1.1991 EXT.P2 TRUE COPY OF THE CERTIFICATE OF APPROVAL OF THE TOURIST HOTEL DATED 28.8.1992 BY THE DIRECTOR OF TOURISM NO. C3-3554/91 EXT.P3 TRUE COPY OF THE LETTER NO. GB1/TARIFF/93-94/779 DATED 28.3.1995 BY THE BOARD. EXT.P4 TRUE COPY OF THE INVOICE DATED 20.3.2002 FOR RS. 2,660/-. EXT.P5 TRUE COPY OF BILL DATED 20.4.2002 FOR RS. 3,003/-. EXT.P6 TRUE COPY OF BILL DATED 20.5.2002 FOR S. 4602/-. EXT.P7 TRUE COPY OF REPRESENTATION DATED 10.6.2002 BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE LETTER DATED 24.7.2002 FROM THE 2ND RESPONDENT. EXT.P9 TRUE COPY OF INVOICE DATED 2.6.2003 FOR RS. 56,783/-. EXT.P9(a) TRUE COPY OF CALCULATION STATEMENT OF SHORT ASSESSMENT OF CONSUMER NO. 2958-PETITIONER. EXT.P10 TRUE COPY OF THE ORDER OF THE BOARD DATED 12.1.2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19230 OF 2003 -------------------------------------------- Dated this the 28th day of May, 2009 JUDGMENT The challenge is against demand of arrears of electricity dues from 5/99 to 5/2002. Petitioner's case is that petitioner is entitled to concessional rate of tariff under Government orders. However, later concession was withdrawn which was held to be not retrospective by the Supreme Court. As of now, a Division Bench of this Court has held in WA No. 1803 of 2008 that Government order is not retrospective and therefore along with others petitioner is also entitled to concessional rate upto the date of said order. O.P. is allowed directing the first respondent to recompute the liability based on the judgments above referred and withdraw the demand in excesss of concessional rate for a period prior to 26.9.2000. (C.N. RAMACHANDRAN NAIR) Judge kk 2