IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29352 of 2008(T) -------------------------- PETITIONER(S): --------------- M/S.POOJA MILK FOODS PRIVATE LTD., REGISTERED OFFICE AT 33/283 D1 AMBEDKAR ROAD, VENNALA PO., KOCHI-28, REP. BY ITS MANAGING DIRECTOR, MOHAN JOSEPH VARGHESE, S/O.LATE TO.VARGHESE, AGED 48, PRASANTHI NAGAR, EDAPPALLY, KOCHI-24. BY ADV. SRI.V.N.GOPINATHAN SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN SRI.T.LAKSHMI SMT.KALA G.NAMBIAR RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY VAIDYUTHI BHAVAN, PATTOM, TRIVANDRUM 2. ASST.ENGINEER, O/O.ASSISTANT ENGINEER, ELECTRICIAL SECTION, PALARIVATTOM. BY ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 29352 OF 2008 T ```````````````````````````````````````````````````` Dated this the 7th day of October, 2008 J U D G M E N T Briefly put the case of the petitioner is as follows. Petitioner is a company engaged in the process of receiving raw chilled milk, pasteurizing/processing, packing, storing and distribution of milk and milk products in the State. Petitioner has electric connection under Low Tension IV (Industrial) Tariff. On 25.9.2008, the APTS, Palakkad, assessed the petitioner and prepared Ext.P1 mahazar. It is stated in the mahazar that 43.35 KV connected load is used for chilling of milk. On 27.9.2008, petitioner came to be served with Ext.P2 notice and a provisional assessment bill demanding payment of Rs.10,09,331/- on the basis of Ext.P3 gazette notification the Tariff took change from LT IV to LT VII A. Petitioner filed Ext.P4 objection before the 2nd respondent. He did not consider the same. According to the petitioner, Ext.P3 is not applicable to the petitioner as it is neither a dairy farm nor a milk chilling plant but a milk processing plant. The case of the WPC.29352/08 : 2 : petitioner is that the petitioner is not informed about the change of Tariff. 2. I heard learned standing counsel also. 3. I feel that the petitioner has a remedy of approaching the Consumer Grievance Redressal Forum, Ernakulam. Accordingly, if the petitioner files a petition before the Consumer Grievance Redressal Forum, Ernakulam within three weeks from today, the Consumer Grievance Redressal Forum, Ernakulam will consider the same and take a decision with an opportunity of being heard to the petitioner, within three months from the date of filing of the petition. In the meantime, if the petitioner pays a sum of Rs.2 lakhs within one month from today, the impugned proceedings will be kept in abeyance till a decision is taken by the Consumer Grievance Redressal Forum, Ernakulam. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks