IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32305 of 2009(G) -------------------------- PETITIONER: --------------- BHAGHEERATH DEVELOPERS LIMITD BHAGHEERATHA RESIDENCY, BANERJI ROAD, ERNAKULAM, REPRESENTED BY ITS ASSISTANT MANAGER, MR. GEORGE JOSEPH. BY ADV. MR. ALIAS M.CHERIAN RESPONDENTS: --------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, VATTIYOORKAVU ELECTRICAL SECTION THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD ELECTRICAL MAJOR SECTION VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, POWER HOUSE, EAST FORT NEAR PARTHAS TEXTILES, THIRUVANANTHAPURAM. ADV. MR. P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. SIRI JAGAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 32305 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 12th day of November 2009. JUDGMENT The petitioner is a Company engaged in the business of constructing multi-storied apartment buildings. They constructed a multi-storied apartment building by name 'East Gate Apartments' in Thiruvananthapuram. Their grievance in this writ petition is regarding tariff under which the Electricity Board has demanded electricity charges in respect of electricity used by the apartment owners for their common facilities in the building. They would submit that all the individual flats are charged to electricity under LT-IA tariff, but for common facilities alone, the tariff made applicable is LT-VIIA. The contention of the petitioner is that there is absolutely no commercial activities in the building in question and the same is used only for residential purposes. According to them, there is no logic whatsoever in classifying the apartments under LT-IA and the common facilities used by the apartment owners in the building under LT- VII A tariff. Petitioner has filed Ext.P5 petition in this regard before the third respondent. Petitioner W.P.(C). No. 32305 OF 2009 2 seeks a direction to the third respondent to consider and pass orders on Ext.P5. 2. The learned Standing Counsel submits that the classification made is strictly in accordance with the stipulation in the tariff order. 3. After hearing both sides, I am not inclined to go into the merits of the contentions in the petition insofar as Ext.P5 is pending before the third respondent. 4. In the above circumstances, the third respondent is directed to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till orders are thus passed, petitioner shall be require to pay electricity charges for the common facilities also only under LT- 1A tariff. The petitioner shall be afforded an opportunity of being heard also. The writ petition is disposed of as above. (S. SIRI JAGAN) JUDGE kkms/