IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6229 of 2008(N) ------------------------- PETITIONER: ------------- M/S. ESSAR TELECOM INFRASTRUCTURE (P) LTD., 41/256, C-19, 2ND FLOOR, MATHER SQUARE, OPP. NORTH RAILWAY STATION, COCHIN-682 018, REPRESENTED BY ASSISTANT MANAGER (SITE ACQUISITIONS & ADMINISTRATION), MR. RAHUL DAS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ---------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER(COMMERCIAL & TARIFF), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 3. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, ALUVA TOWN, ERNAKULAM DISTRICT. R1 TO R3 BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 6229 OF 2008 ----------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT 1. Heard the learned counsel for the petitioner and the learned standing counsel for the Kerala State Electricity Board. 2. The impugned demand notices have been issued without hearing the petitioner. The case in hand is covered by the order of the Division Bench issued on 11.01.08 in WP(C) Nos.36564 of 2007 and connected cases. Under such circumstances, this writ petition is disposed of directing that the petitioner and the respondents will stand bound by those directions and the petitioner shall treat Exts.P4 and P5 demand notices as show cause notices and if they so desire, they shall file an objection to such notice within 15 days from today. The third respondent will consider such objections within 15 days thereafter after affording an opportunity of being heard to the petitioner and issue any demand notice that may be found and necessary All the contentions of the parties are left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3