IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 18099 of 2010(J) -------------------------- PETITIONER: --------------- BHARAT SANCHAR NIGAM LTD., REPRESENTED BY DIVISIONAL ENGINEER, KANNUR, O/O THE GENERAL MANAGER, KANNUR. BY ADV. MR. C.S.RAMANATHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, TRIVANDRUM. 2. KERALA STATE ELECTRICITY BOARD, REP. BY CHAIRMAN, VYDYUTHI BHAVAN, TRIVANDRUM. 3. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, MATTANNUR ELECTRICAL DIVISION, IRITTY, KANNUR. 4. SUB ENGINEER, KSEB, ELECTRICAL SECTION, MATTANNUR, KANNUR. R1 BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN, R2 TO R4 BY ADV. MR. P.P. THAJUDEEN, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 18099 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 17th day of June, 2010 JUDGMENT The petitioner BSNL, a Central Government Company, is before this Court with the following prayers: i. To issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to Exts. P2, P3, P10, P11 and P12 and quash the same. ii. To issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioner is not liable to pay the amount imposed as penalty as per Exts. P10 and P12 bills of Sivapuram GSM Tower Station. iii. To issue a writ of mandamus or any other order or direction directing the respondents to pay back the amount of Rs.2,31,862/- adjusted towards the penal bill from the deposit made by BSNL with KSEB towards the advance payment. iv. To issue a writ of mandamus or any othe rorder or direction directing the respondents not to disconnect the electricity connection provided to the installation of the petitioner for any dues for which recourse can be taken under the revenue recovery proceedings. v. To issue a writ of mandamus or any other writ order or direction directing the second respondent to refer the disputes to the 1st respondent for being considered by the committee constituted for the purpose. vi. To pass such other orders as tis Honourable Court W.P. (C) No. 18099 of 2010 : 2 : may deem fit and proper in the facts and circumstances of the case 2. The learned counsel for the petitioner submits that the dispute between the petitioner and the Electricity Board was sought to be resolved by a High Power Committee, which was formed pursuant to a judgment passed by this Court on an earlier instance and the first meeting of the Committee was held on 13.04.2010, whereupon a decision was taken to constitute an 'expert body' in order to resolve such disputes. The learned counsel submits that all the disputes which were referred to the Committee have been placed for consideration before the 'expert body' and as such, the coercive proceedings now sought to be pursued against the petitioner are not correct or sustainable. 3. Heard the learned standing counsel appearing for the Board and the learned Government Pleader appearing for the first respondent. 4. Considering the facts and circumstances, the present grievance projected by the petitioner in respect of the penality imposed as per Exts. P10 and P12 bills shall also be referred by the second respondent to the High Power Committee as above and matter shall be caused to be finalized by the High Power Committee as expeditiously as possible, at any rate, within 3 months from the date of receipt of a W.P. (C) No. 18099 of 2010 : 3 : copy of this judgment. The implementation of Exts. P10 and P12 as aforesaid shall be subject to the final orders to be passed by the High Power Committee. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd