IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10363 of 2008(H) -------------------------------------- PETITIONER: ------------------ 1. SEA FOOD EXPORTERS ASSOCIATION OF INDIA, SEAFOOD HOUSE, WILLINGTON ISLAND, COCHIN- 682 003, REP. BY VIDE PRESIDENT. 2. M/S. SREEVAS EXPORT ENTERPRISES (P) LTD., 18/70, PARRY JUNCTION, COCHIN-5, REP. BY DIRECTOR, G.P. NAIR. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVAN, C.V. RAMANPILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BAHVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, AROOR, ALAPPUZHA DIST. R2 AND R3 BY ADV. SRI. P.P.THAJUDEEN - SC R1 ADV. SRI. T.K. KUNHABDULLA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008 ALONG WITH WP(C) NO. 10381/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.10363, 10381, 10439, 10391 & 10456 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2008. JUDGMENT 1.All the captioned writ petitions are by operators of Seafood Processing Plants excepting the first petitioner in WP(C).10363/2008, which is the Sea Food Exporters Association of India stated to be recognized in different litigations as espousing the cause of the sea food exports, including the successful challenge before the Apex Court against the provisions of the Kerala Fishermen Welfare Fund Act. 2.The issue raised is as to whether the sea food processing plants and their storage units are to be governed under LT VIIA tariff or LT IV tariff. The Kerala State Electricity Regulatory WP(C)10363/08 & con.cases -: 2 :- Commission has already decided to hear the issue, following the directions issued by this Court in different matters. It is stated that the directions issued in similar matters have been taken into consideration and the matter is likely to be disposed of finally at the earliest, at any rate, within a period of four months fixed as per the judgments already issued. 3.Under the aforesaid circumstances, these writ petitions are disposed of directing that if any among the petitioners herein, including the Sea Food Exporters Association of India, desires to be heard by the Tariff Regulatory Commission, which is also duty bound to afford public hearing in terms of the Electricity Act, 2003, such petitioner may approach the Commission for hearing before the matter is finally disposed of by the Commission. It is clarified that no direction contained in this judgment requires the Commissioner to adjourn the listing of the matter, if it has already fixed for hearing on any WP(C)10363/08 & con.cases -: 3 :- particular date. The petitioners and any person entitled to be heard, shall be entitled to request the Commission for such hearing on the strength of this judgment. Having regard to the fact that the issue in hand is gaining the attention of the Tariff Regulatory Commission and needs to be resolved particularly because, the categorization on the basis of the nature of the activity is a technical one to be considered by the Commission and because, this issue has resulted in good many writ petitions being filed, it is directed at the instance of the first petitioner in WP(C). 10363/2008 that until a decision is arrived at by the Tariff Regulatory Commission on the coverage of the sea food processing plants, the KSE Board will be at liberty to raise bills under LT VIIA tariff, however without insisting on remittances except under LT IV tariff. If there is any disconnection on the basis of any demands on the basis of LT VIIA tariff, re-connection shall be made without insisting on payment of re-connection charges and the parties, including the members of WP(C)10363/08 & con.cases -: 4 :- the first petitioner in WP(C).10363/2008, will be governed by the directions contained in this judgment till the issue is finally decided by the Commission. It is clarified that this judgment will stand confined to the individual petitioners in these writ petitions and to the members of the first petitioner in WP(C).10363/2008. All bills which have been issued under LT VIIA as of now, would stand regulated by the directions herein. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/270308