IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16429 of 2009(W) -------------------------- PETITIONER(S): --------------- M/S.ZAHI TYRES INDIA PVT.LTD., PIONEER TOWERS, MARINE DRIVE, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR A.M.SANOOJ, R/AT VELIYATH BUNGALOW, PONNANI TALUK, MARANCHERY VILLAGE, PURANGU KARA, PURANGU P.O., MALAPPURAM. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL SUB DIVISION, MANJERI. 3. THE SPECIAL OFFICER (REVENUE), KSEB, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.16429 OF 2009 ------------------------ Dated this the 19th day of June, 2009. JUDGMENT Petitioner is a HT Consumer. They had executed Ext.P1 agreement with the respondents, with the contract demand of 700KVA. 2. Subsequently, by Ext.P2, petitioner applied to reduce the contract demand to 500KVA. The Board considered the request and passed Ext.P5 order, allowing reduction to 500KVA demanded with effect from 6.6.2005. That order was challenged before this court in WP(c).No.20051/08 resulting in Ext.P6 judgment, where this court held that the petitioner is entitled to reduction in contract demand with effect from 14.7.2004. Consequent on the judgment, petitioner issued Ext.P7 letter to the respondents requesting them to adjust the excess amount realized from them for the period WP(c).No.16429/09 2 subsequent to 14.7.2004 and by Ext.P7(a) he sought execution of a fresh agreement with the respondents for the reduced contract demand. Without taking any action on the request so made by the petitioner, by Ext.P8, the petitioner was called upon to remit Rs.18,12,036/- calculated on the basis that the contract demand is still 700KVA. It is at this stage the writ petition is filed. 3. According to the petitioner in view of Ext.P6 judgment his contract demand is liable to be reckoned as 500KVA with effect from 14.7.04 and so calculated, so far the respondents have already realized Rs.14,23,196/- in excess of what they ought to have paid. It is on this basis, the petitioner seeks a direction to the respondents to adjust the payment made and to review the agreement with the reduced contract demand. 4. The case was adjourned with a direction to the Standing Counsel for the respondents, to get instruction as to whether Ext.P6 judgment has become final. Today it is WP(c).No.16429/09 3 reported that no appeal or other proceedings have been initiated against Ext.P6 judgment. 5. Since, Ext.P6 judgment has become final, Ext.P5 order reducing the contract demand of the petitioner from 700KVA to 500KVA has to be given effect from 14.7.2004. Consequently the amount realized from the petitioner subsequent to that period taking the contract demand at 700KVA also is excess and the same has necessarily to be adjusted. 6. Now that the petitioner himself says that the excess amount collected is Rs.14,23,196/- and as the amount demanded by Ext.P8 bill is more than the amount allegedly realized, it is necessary for the respondents to rework the petitioner's liability on the aforesaid basis. It is directed that this quantification shall be completed by the respondents within 2 weeks of the production of a copy of this judgment and on the petitioner paying balance dues after adjusting the amount in collected in excess, the respondents shall WP(c).No.16429/09 4 take necessary steps for executing the revised agreement with the petitioner with the reduced contract demand of 500 KVA. 7. Having regard to the fact that the petitioner himself is admitting that even after adjusting what has been paid in excess, still Rs.388840/- is due, the petitioner is directed to remit the aforesaid amount within 10 days from today and subject to that condition further proceedings pursuant to Ext.P8 will kept in abeyance for completing the process as aforesaid. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.16429/09 5