IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 12237 of 2010(D) -------------------------- PETITIONER: --------------- M/S. INDUS TOWERS LIMITED DULY AUTHORISED HEAD (LEGAL), PREMAKRISHNAN NAIR M.N., 8TH FLOOR, VANKARATH TOWERS, NH BYEPASS, PADIVATTOM, KOCHI-24. BY ADV. SRI.P.SATHISAN RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT, VYDYUTHIBHAVANAM, THIRUVANANTHAPURAM. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, ERANJIKKAL, CALICUT DIST. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, ANCHAL, KOLLAM DISTRICT. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, MANJESWARAM, KASARAGOD DISTRICT. 5. ASSISTANT ENGINEER, ELECTRICAL SECTION, MATTANNUR, KANNUR DIST. 6. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. R1 TO R5 BY ADV. MR. P.P. THAJUDHEEN, SC. R6 BY ADV. MR. P. NANDAKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, ALONG WITH W.P.(C) Nos.1 2238 OF 2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 ......................................................................... Dated this the 7th April , 2010 J U D G M E N T The petitioner in all these case is one and the same and has approached this Court with the following reliefs: The reliefs sought for in W.P.(C) No.12237 of 2010: 'a) Issue a writ of certiorari or such other writ or direction calling for entire records leading upto Exhibit P5, Exhibit P5(a), P5(b) , P5(c), P5(d), P5(e) and quash the same declaring the same as illegal and further directing to continue the service connection to the petitioner on receiving the tariff under LT VII A with consumer numbers 12935 (0), 10552(9), 29442-0, 14448/1, 22259, 21026 under respondent 2 to 5; or in the alternative, to direct 6th respondent, Kerala State Electricity Tariff Regulatory Commission, to decide the issue as to applicable charges, if any, in the W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 2 case on hand in the light of Exhibit P1, P2, P3 and P4 and may direct the respondents 2 to 5 to continue the service connection to the petitioner on receiving tariff under LT VIIA. b) issue a writ fo mandamus or such other writ or direction directing respondents not to impose penalty on shared infrastructure of petitioner in view of Exhibit P1, P2 and P4. c) Issue such other writs, directions or orders which this Hon'ble Court may find deem fit and proper in the circumstances of the case and d) Award costs of the proceedings from respondents to petitioner.” The reliefs sought for in W.P.(C) No.12238 of 2010: “a) Issue a writ of certiorari or such other writ or direction calling for entire records leading upto Exhibit P5, Exhibit P5(a), P5(b) , P5(c), P5 (d), P5(e) and quash the same declaring the same as illegal and further directing to continue the service connection to the petitioner on receiving the tariff under LT VII A with consumer numbers 9087-0, 16293, 15515, 19154/0, 8347, 8643 under respondent 2 to 5. W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 3 or in the alternative, to direct 6th respondent, Kerala State Electricity Tariff Regulatory Commission, to decide the issue as to applicable charges, if any, in the case on hand in the light of Exhibit P1, P2, P3 and P4 and may direct the respondents 2 to 5 to continue the service connection to the petitioner on receiving tariff under LT VIIA. b) issue a writ fo mandamus or such other writ or direction directing respondents not to impose penalty on shared infrastructure of petitioner in view of Exhibit P1, P2 and P4. c) Issue such other writs, directions or orders which this Hon'ble Court may find deem fit and proper in the circumstances of the case and d) Award costs of the proceedings from respondents to petitioner.” The reliefs sought for in W.P.(C) No.12239 of 2010: “a) Issue a writ of certiorari or such other writ or direction calling for entire records leading upto Exhibit P5, Exhibit P5(a), P5(b) , P5(c) and quash the same declaring the same as illegal W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 4 and further directing to continue the service connection to the petitioner on receiving the tariff under LT VII A with consumer numbers 22208/0, 23956-0, 17667, 32217 under respondent 2 to 4. or in the alternative, to direct 5th respondent, Kerala State Electricity Tariff Regulatory Commission, to decide the issue as to applicable charges, if any, in the case on hand in the light of Exhibit P1, P2, P3 and P4 and may direct the respondents 2 to 4 to continue the service connection to the petitioner on receiving tariff under LT VIIA. b) issue a writ fo mandamus or such other writ or direction directing respondents not to impose penalty on shared infrastructure of petitioner in view of Exhibit P1, P2 and P4. c) Issue such other writs, directions or orders which this Hon'ble Court may find deem fit and proper in the circumstances of the case and d) Award costs of the proceedings from respondents to petitioner.” The reliefs sought for in W.P.(C) No.12240 of 2010: W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 5 “a) Issue a writ of certiorari or such other writ or direction calling for entire records leading upto Exhibit P5, Exhibit P5(a), P5(b) , P5(c) P5 (d), P5(e), P5(f), P5(g) and quash the same declaring the same as illegal and further directing to continue the service connection to the petitioner on receiving the tariff under LT VII A with consumer numbers 25137/0, 25563/2, 27127/0, 20577/1, 19944/6, 17413, 20749, 24026-6 under respondent 2 to 4. or in the alternative, to direct 5th respondent, Kerala State Electricity Tariff Regulatory Commission, to decide the issue as to applicable charges, if any, in the case on hand in the light of Exhibit P1, P2, P3 and P4 and may direct the respondents 2 to 4 to continue the service connection to the petitioner on receiving tariff under LT VIIA. b) issue a writ fo mandamus or such other writ or direction directing respondents not to impose penalty on shared infrastructure of petitioner in view of Exhibit P1, P2 and P4. c) Issue such other writs, directions or orders which this Hon'ble Court may find deem fit and W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 6 proper in the circumstances of the case and d) Award costs of the proceedings from respondents to petitioner.” 2. The learned Standing Counsel for the respondent Board submits that Ext. P5 series of bills are only provisional bills and that the petitioner can file detailed statement of objections. It is also submitted that the matter will be finalised only after hearing the petitioner and no coercive proceedings by way of penalty will be taken before finalisation of the said proceedings. 3. In the above circumstance, the petitioner is permitted to file statement of objections, if any, in response to Ext.P5 series of bills within ten days, on receipt of which, the same shall be considered and appropriate orders shall be passed, after giving an opportunity of hearing to the petitioner, which exercise shall be finalised as as expeditiously as possible, at any rate, within a period of one month thereafter. It is also made clear that all coercive proceedings intended to be pursued against the petitioner shall be kept in abeyance till such time as assured W.P.(C) No. 12237,12238,12239 & 12240 OF 2010 7 and undertaken from the part of the said respondents. The Writ Petitions are disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk