IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 12726 of 2008(M) -------------------------------------- PETITIONER(S): ---------------------- FR.JOSEPH NADUVILEZHAM, MANAGER, ST.JOHN THE BAPTISTS'S COLLEGE OF EDUCATION, NEDUMKUNNAM P.O., KOTTAYAM, PIN-686 542. BY ADV. MR.WILSON URMESE RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, K.S.E.B., KARUKACHAL, KOTTAYAM. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. R3 BY GOVERNMENT PLEADER MR.BEJOY CHANDRAN R1 & R2 BY ADV. MR.C.K.KARUNAKARAN, SC FOR KSEB MR.P.P.THAJUDEEN, SC FOR KSEB R4 BY MR.K.P.DANDAPANI SENIOR ADVOCATE, SC ADV. MR.T.K.KUNHABDULLA, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, ALONG WITH WPC.7818 OF 2008 AND CONNECTED CASES, THE COURT ON 06/04/2009 DELIVERED THE FOLLOWING: W.P.(C). NO. 12726/2008-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF AFFILIATION DATED 30/09/1994 BY THE MAHATMA GANDHI UNVERSITY. EXT.P2: COPY OF THE RELEVANT PAGES OF THE KSEB LOW TENSION TARIFF ORDER 2001. EXT.P3: COPY OF THE MONTHLY BILL ISSUED TO THE PETITIONER CHARGING ELECTRICITY UNDER LT VI A TARIFF DATED 11/09/2007. EXT.P4: COPY OF THE RELEVNT PAGES OF THE SCHEDULE OF TARIFF AND TERMS AND CONDITIONS FOR RETAIL SUPPLY BY KSEB WITH EFFECT FROM 01/12/2007, ISSUED BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION. EXT.P5: COPY OF THE BILL DATED 19/01/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE INTERIM ORDER DATED 11/02/2008 IN W.P.(C). NO. 4802/2008. RESPONDENT'S EXHIBITS: EXT.R4(A): PAPER PUBLICATIONS. EXT.R4(B): COPY OF THE LETTER DATED 24/04/2007 OF RESPONDENT NO.3 TO THE DIRECTOR OF PUBLIC RELATIONS. EXT.R4(C): COPY OF THE DRAFT TARIFF ISSUED BY RESPONDENT NO.3 EXT.R4(D): COPY OF THE PRESS RELEASE DATED 23/04/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R4(E): COPY OF THE PRESS RELEASE DATED 08/05/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R4(F): COPY OF THE MINUTES OF THE STATE ADVISORY COMMITTEE HELD ON 15/05/2007. EXT.R4(G): COPY OF THE GAZETTE NOTIFICATION DATED 31/10/2006 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVISORY COMMITTEE. EXT.R4(H): COPY OF THE LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17/05/2007. //TRUE COPY// P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.12726/2008-M, 12782/2008-V & 13014/2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. O R D E R Learned Senior Government Pleader and the respective learned standing counsel take notice for the respondents. There will be an interim order as prayed for, on condition that the petitioners continue to pay electricity charges under LT VIA tariff. It is also clarified that no further payments under LT VIIA tariff shall be insisted upon, until further orders. Petitioners' liability to pay under LT VIIA tariff will be subject to the result of these writ petitions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/110408