IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 36808 of 2003(F) -------------------------------------- PETITIONER: ------------------- KELTRODE ARC PRIVATE LIMITED, INDUSTRIAL DEVELOPMENT AREA, KANJIKODE WEST, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR, A.T.P. NAIR. BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF ELECTRICITY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, PALAKKAD. R2 TO R4 BY MR.C.K.KARUNAKARAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36808/2003-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 21/07/1986 EXECUTED BY THE PETITIONER COMPANY WITH KSEB FOR OBTAINING SERVICE CONNECTION. EXT.P.2: COPY OF THE LETTER DTD. 24/06/1998 ISSUED BY THE PETITIONER TO THE KSEB REQUESTING DISCONNECTION OF POWER SUPPLY. EXT.P.3: COPY OF THE PETITIONER'S REPRESENTATION DTD. 18/09/1997 SUBMITTED TO KSEB. EXT.P.4: COPY OF THE ORDER DTD. 05/04/2002 ISSUED TO THE PETITIONER COMPANY DEMANDING A TOTAL ARREARS OF RS. 3,04/589/-. EXT.P.5: COPY OF THE REPRESENTATION DTD. 02/08/2002 SUBMITTED BY THE PETITIONER TO GOVERNMENT AS WELL AS THE ORDER ISSUED THEREON BY GOVERNMENT GRANTING INSTALMENT FACILITY. EXT.P.6: COPY OF THE LETTER DTD. 05/08/2002 SENT BY THE R.3. TO THE PETITIONER DETAILING THE PARTICULARS REGARDING PAYMENT OF 20 INSTALMENTS. EXT.P.7: COPY OF THE DEMAND NOTICE DTD. 21/11/2002 ISSUED BY THE R.3. TO THE PETITIONER COMPANY. EXT.P.8: COPY OF THE CERTIFICATE DTD. 16/08/2002 ISSUED BY THE CHIEF MANAGER, KFC, PALAKKAD. EXT.P.9: COPY OF THE ORDER DTD. 16/12/2002 IN C.M.P. NO. 62446/2002 IN O.P. NO. 36946/2002. EXT.P.10: COPY OF THE NOTICE DTD. 18/06/2003 OF THE R.3. EXT.P.11: COPY OF THE JUDGMENT DTD.29/07/2003 IN O.P. NO. 36946/2002 OF THIS HONOURABLE COURT. EXT.P.12: COPY OF THE APPEAL DTD. 20/08/2003 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.13: COPY OF THE ORDER DTD. 30/10/2003 OF THE R.2. EXT.P.14: COPY OF THE JUDGMENT IN O.P. NO. 24947/2001 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. --------------------- W.P.(C).No.36808 OF 2003 ------------------------ Dated this the 17th day of June, 2009. JUDGMENT This writ petition has been filed seeking to quash Exts.P4,P7,P10 and P13. 2. Exts.P4,P7 and P10 are the notices requiring the petitioner to pay the amount demanded therein and Ext.P13 is an order rejecting the appeal filed by the petitioner. There is a further prayer for declaration that no amount could be claimed from the petitioner towards the minimum guarantee charges after the completion of 3 years from the date of Ext.P1 service connection agreement or after 3 years from 12.2.1987. The petitioner also seeks a direction to require the respondents to refund the excess charges collected from the petitioner. 2. A reading of Ext.P13 shows that as per the terms of the agreement executed by the petitioner, the petitioner WP(c).No.36808/03 2 had to pay the minimum revenue guaranteed by them to the Board. Specific reference has been made to various provisions of HT agreement executed by the petitioner and the Board rendering the petitioner eligible. In the light of the above provisions of the agreement executed by petitioner with the Board, there is absolutely no justification for the relief sought for and there is no question of any declaration entitling the petitioner to claim refund of the excess charges collected. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.36808/03 3