IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 35707 of 2008(A) -------------------------- PETITIONER: --------------- PEOPLES DAIRY DEVELOPMENT PROJECT- CENTRAL SOCIETY REPRESENTED BY ITS SECRETARY SRI. MAHAN, REG. NO. ER (181/83), KALADY - 683 574, ERNAKULAM DIST. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: --------------- 1. KERALA STATE ELECGTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD, KODAKARA SECTION,KODAKARA. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 35707 OF 2008 A -------------------------------------- Dated this the 10th December, 2008 JUDGMENT Petitioner challenges Exts.P2 and P4. The question involved is whether the Unit of the petitioner can be treated as a chilling or dairy plant. According to petitioner, it is neither. According to the learned standing counsel, it is a chilling plant. He points out that there is a remedy available before the Consumer Grievance Redressal Forum, Ernakulam. I feel that this being an issue essentially which is factual, this question should be relegated to the Forum. Accordingly, the Writ Petition is disposed of as follows: If the petitioner prefers a petition before the Consumer Grievance Redressal Forum, Ernakulam within two weeks from the date of receipt of a copy of this Judgment, the Consumer Grievance Redressal Forum, Ernakulam will take a decision thereon in accordance with law, after affording an opportunity of being heard to the petitioner, within a period of two months WPC.35707/08 A 2 from the date of filing such petition. In the meantime, if the petitioner remits 1/3rd of the amount demanded, further proceedings pursuant to Ext.P2 will be kept in abeyance till a decision is taken. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge