IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 16002 of 2008(E) --------------------------------------------- PETITIONER: ----------------- ABRAHAM V.J., AGED 55, CONSUMER NO.13538 S/O.JOSEPH, NEAR ARATTUVAZHI BRIDGE, ALAPPUZHA. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAWAN, C.V.RAMANPILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN. 2. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAWAN, PATTAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, NORTH, KERALA STATE ELECTRICITY BOARD, ALAPPUZHA. R1 BY SHRI T.K. KUNHABDULLA, SC. R2 & R3 BY SHRI P.P. THAJUDEEN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008 ALONG WITH WP(C). NO.16035/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NOS. 16002/08 E & 16035/08H -------------------------------------- Dated this the 29th May, 2008 JUDGMENT Petitioners are engaged in sea food processing. There were included in LT IV industrial category. However, now it is seen, when the tariff decision is published after publication of Ext.P2 draft proposal, that the petitioners fall under LT VII A commercial category as per Ext.P3. Petitioners submitted Ext.P7 objections before the first respondent, Kerala State Electricity Regulatory Commission. Petitioners rely on Ext.P6 Judgment in both the cases. 2. I heard Shri Blaze K. Jose, learned counsel for the petitioner, Shri T.K. Kunhabdulla, learned standing counsel appearing for first respondent and also Shri P.P. Thajudeen, standing counsel appearing on behalf of the respondent Electricity Board. 3. I do not see any reason that the petitioners should be denied the same treatment as given to the petitioners in Ext.P6 WPC. 16002 & 16035/08 2 Judgment. Accordingly, the Writ Petition is disposed of directing that the issue raised by the petitioners shall also be considered by the respondent Commission in accordance with law. A decision shall be taken within a period of four months from the date of receipt of a copy of this Judgment. It is brought to my notice that the matter is posted on 31.5.2008. In such circumstances, it is sufficient that the petitioners shall also be heard at the time of considering the matter. Until such a decision is taken by the respondent Commission, distress action shall not be taken against the petitioners otherwise than under LT IV industrial tariff. K. M. JOSEPH, JUDGE kbk.