IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 OP.No. 20082 of 2002(N) ----------------------------------- PETITIONER(S): ------------------------ M/S. NIRMALGRAM VANITHA DAIRY CENTRAL SOCIETY, KOTHAMANGALAM, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, MUVATTUPUZHA. 4. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL MAJOR SECTION, KOTHAMANGALAM. R1 BY GOVERNMENT PLEADER SRI.JAIBY PAUL R2 TO R4 BY ADV. SRI.P.SANTHALINGAM, SC, KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP.NO.20082/2002 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GOVT. ORDER G.O.(MS)4/92/PD DATED 6/2/92. P2 COPY OF THE BOARD ORDER DATED 27/3/92. P3 COPY OF THE ELIGIBILITY CERTIFICATE DATED 7/4/2001 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM. P4 COPY OF THE JUDGMENT DATED 8/2/2002 IN O.P.NO.13121/2001. P5 COPY OF THE ORDER DATED 10/7/2002 PASSED BY THE 4TH RESPONDENT. P6 COPY OF THE DEMAND DATED 12/7/2002. P7 COPY OF THE B.O.NO.2030/97(PLG.COM. 2166/96) DATED 17/9/97. P8 COPY OF THE JUDGMENT DATED 7/4/2000 IN O.P.NO.13242/99. P9 COPY OF THE JUDGMENT DATED 14/1/2002 IN W.A.NO.76/2002. P10 COPY OF THE APPEAL DATED 15/7/2002 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P.No.20082 of 2002 - - - - - - - - - - - - - - - - Dated this the 20th day of September, 2011. JUDGMENT The petitioner is an industrial unit and is a consumer of electricity under the KSEB. The petitioner set up an industrial unit based on the promise of the Government to provide certain incentives including concessional tariff for a period of five years. The eligibility has been duly certified by the competent authority as prescribed by the Government. In spite of such certificate, the 4th respondent is not granting such benefits. The Board Order dated 17.09.1997 relied on by the 4th respondent for disallowing the concession to the petitioner was quashed by this Court vide Ext.P8 fixing the cut off date as 15.10.1997 for giving the applications and the consequential orders rejecting the applications for the benefit of tariff. The learned counsel for the petitioner states that since the cut off date has been fixed by this Court, the rejection order passed by the 4th respondent vide Ext.P5 cannot be sustained. The learned counsel appearing for the KSEB fairly submits that in view of the judgments passed by this Court vide Exts.P8 and P9, the matter has to be O.P. No.20082/2002 -:2:- reconsidered. In that view of the matter, Exts.P5 and P6 are quashed and the matter is remitted back to respondent No.4 for passing a fresh order in the light of the judgments passed under Exts.P8 and P9 and the entire exercise will be completed within three months from the date of receipt of a copy of this judgment. This Original Petition is allowed as above. sd/- B.P. RAY, JUDGE. rv O.P. No.20082/2002 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 20082 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT