IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 28635 of 2008() ------------------------- PETITIONER(S): --------------- FRONTLINE EXPORTS PRIVATE LTD., INDUSTRIAL ESTATE, AROOR-688534, REPRESENTED BY ITS DIRECTOR, MR.PRIJITH PRATAPAN. BY ADV. SRI.JOSEPH KODIANTHARA SRI.BINU MATHEW RESPONDENT(S): --------------- 1. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM 695004. 2. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, TRIVANDRUM 695004. REPRESENTED BY THE SECRETARY. BY C.K.KARUNAKARAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 28635 OF 2008 H ```````````````````````````````````````````````````` Dated this the 3rd day of October, 2008 J U D G M E N T Petitioner challenges Exts.P2 and P4 and seeks a direction to refix the quota of the petitioner of 75% power restriction in a legal, just and reasonable manner only taking into account the regular months during which the factory was in normal operation and ignoring the months of shutdown and off-season. Ext.P2 is the notice issued by the Board fixing the monthly quota as 20120 units per month. Petitioner submitted Ext.P3 pointing out the consumption figures from April 2007 to April 2008. According to the petitioner, the average consumption for the period from April 2007 to April 2008 is 28066 KWH. By Ext.P4, the Board forwarded the invoice dated 13.9.2008 for Rs.6,41,567/- for the month of August 2008. Briefly put the case of the petitioner is as follows. 2. In view of the situation Ext.P1 interim order came to be passed by the Kerala State Electricity Regulatory WPC.28635/08 : 2 : Commission and in respect of HT and EHT consumers, they are liable to pay at a higher rate in respect of consumption in excess of 75% of the base quota. In paragraph 6 of Ext.P1 order, it is contended that for consumers who do not have adequate consumption, the modality for fixing the quota shall be furnished by the Board for approval. Accordingly, except the month of March, all the other 11 months are excluded, it is submitted. This is for the reason that consumption in excess of 30% and below 30% are excluded. 3. I heard learned counsel for petitioner and learned standing counsel. Learned standing counsel would point out that the exclusion of 30% consumption in excess of, and 30% below 30% is following the terms of the Board order dated 24.7.2008. He further points out that the criteria in the said Board order catered to the requirements of paragraph 6 of Ext.P1 order and the Commission has conveyed approval to the same by communication dated 7.8.2008. It is also submitted that it is for the petitioner to approach the Board, if WPC.28635/08 : 3 : aggrieved. In such circumstances, writ petition is disposed of as follows. If the petitioner approaches the 2nd respondent with a representation pointing out its grievance, the 2nd respondent will look into the same and take a decision thereon in accordance with law before the amount for consumption for the month of October, 2008 becomes payable. The petitioner is granted one week's time from today to file representation before the Board. (K.M.JOSEPH, JUDGE) aks