IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 18607 of 2002(M) --------------------------------- PETITIONER: -------------------- K.K.SIDDIQUE,AGED 41, S/O.LATE K.P.KAADER,KARUKUNNATH HOUSE, PERINGALA P.O.,VIA.KUMARAPURAM. BY ADV. SRI.C.U.SANGEETH RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICALL MAJOR SECTION,KIZHAKKAMBALAM. ADDL.R3 IMPLEADED. 3 . STATE POLUTION CONTROL BOARD THIRUVANANTHAPURAM REP.BY ITS SECRETARY. (ADDL. R3 IMPLEADED AS PER ORDER DT. 30.1.03 IS CMP. NO.33895/02 OF OP. NO.18607/02.) BY ADV. SRI.M.K.CHANDRAMOHANDAS,SC,POLLUTION CON SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.18607/2002 ORDER ON CMP. NO.31707/2002 IN OP. NO.18607/2002 DISMISSED 01.02.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THEMINIMUM GUARANTEE AGREEMENT DT. 7.7.92 . EXT.P2:- COPY OF THE LETTER DT. 4.3.92 ISSUING NOC FROM MEDICAL OFFICER. EXT.P3:- COPY OF THE NOC. DT. 18.2.92. EXT.P4:- COPY OF THE NO OBJECTION CERTIFICATE DT. 23.11.92. EXT.P5:- COPY OF THE BILLS DT. 27.5.02 AND 26.6.02 CLERARLY SHOWS THE UPTO DATE PAYMENT. EXT.P6:- COPY OF THE RENEWED LICENCE TO ONE YEAR FROM 18.5.02. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ========================= O.P. No. 18607 of 2002-M. ========================= Dated this the 1st day of February, 2008. J U D G M E N T The petitioner is the proprietor of Bismi Granites which is established within the Kunnathunadu Panchayat. It is running a crusher unit. As per the agreement executed with the K.S.E.Board (Ext.P1) the petitioner was being supplied with electricity. This writ petition is filed challenging the steps taken by the Electricity Board to disconnect the electricity supply. According to the petitioner, there had not been any delay on their part to pay the electricity charges also. 2. The K.S.E.Board has filed a counter-affidavit stating that the writ petition has been filed by suppressing certain material facts. By Ext.R2(a) proceedings the Pollution Control Board informed the K.S.E.Board that the unit is being operated Air (Prevention & Control of Pollution) Act, 1981 and the K.S.E.Board O.P. No. 18607 of 2002-M. 2 was directed to disconnect the supply to the said unit. Thereafter by Ext.R2(b) the Asst.Executive Engineer, Electrical Major Section, Kizhakkambalam informed the petitioner that the power supply will be restored after it is directed to be done by the Pollution Control Board. 3. There is no challenge in this writ petition against Ext.R2(a). It is not known whether the petitioner has filed any statutory appeal under the relevant Statute. 4. It is informed by the learned Standing Counsel appearing for the K.S.E.Board that the service connection was restored pursuant to the interim order passed in this writ petition. If the petitioner has got any objection to Ext.R2(a) he will be free to raise the same within a period of six weeks from the date of receipt of a copy of this Judgment, if it is not already done. To enable the petitioner to do so, the interim order passed by this Court in CMP.No.31707/2002 will continue for a period of two months. In the event of the K.S.E.Board proposing to disconnect the supply again, due written notice will be given to the petitioner O.P. No. 18607 of 2002-M. 3 in advance. With the above directions the Original Petition is disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-