IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 16729 of 2007(N) -------------------------- PETITIONER(S): --------------- 1. NATIONAL TEXTILE CORPORATION (APKK&M)LTD P.B.NO.2173,2912, KH ROAD, SANTHI NAGAR, BANGLORE-560 027. REPRESENTED BY ITS CHIEF GENERAL MANAGER. 2. VIJAYAMOHINI MILLS, THIRUMALA, THIRUVANANTHAPURAM-6, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SMT.UMA GOPINATH SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 3. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY (POWER), THIRUVANANTHAPURAM. MR.I.V.PRAMOD, GOVERNMENT PLEADER FOR R3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 MR.P.P.THAJUDEEN, SC FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2009, ALONG WITH WPC NOS. 16728 & 17041 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16729/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE LETTER NO.HTB 19/926 DATED 07/07/2005 OF THE R2. P2 : COPY OF THE LETTER DATED 25/04/2005 OF THE 1ST PETITIONER ADDRESSED TO THE CHAIRMAN OF R1. P3 : COPY OF THE LETTER DATED 30/05/2005 OF THE 1ST PETITIONER ADDRESSED TO THE R3. P4 : COPY OF COMMUNICATION 5089/A1/05/PD DATED 10/10/2005 OF THE R3. P5 : COPY OF CIRCULAR DATED 13/05/2005 OF R1. P6 : COPY OF LETTER NO.NTC/M(IA)/ELECDUES/05 DATED 20/06/2005. P7 : COPY OF THE LETTER DATED 22/11/2005 OF R1. P8 : COPY OF LETTER DATED 09/12/2005 OF 1ST PETITIONER. P9 : COPY OF LETTER DATED 03/01/2006 OF THE CONVENOR, OTS COMMITTEE. P10 : COPY OF LETTER DATED 19/01/2006 OF 1ST PETITIONER. P11 : COPY OF LETTER NTC/FIN/KSEB DATED 20/02/2006 OF 1ST PETITIONER. P12 : COPY OF LETTER DATED 26/12/2006 OF PETITIONERS. P13 : COPY OF ORDER NO.229/2007 DATED 27/01/2007 OF R1. P14 : COPY OF THE REPRESENTATION DATED 26/02/2007 OF THE DEPUTY GENERAL MANAGER (FINANCE). P15: COPY OF THE ORDER DATED 21/05/2007 ISSUED BY R2 TO THE 2ND PETITIONER. P16 : COPY OF LETTER DATED 18/08/2007 OF KSEB. P17 : COPY OF STATEMENT OF THE KSEB. P18 : COPY OF STATEMENT OF 2ND PETITIONER. ANNEXURE-A : COPY OF STATEMENT OF KSEB ANNEXURE-B : COPY OF STATEMENT OF 2ND PETITIONER. ANNEXURE -1 : COPY OF COMMUNICATION DATED 18/05/2009. //TRUE COPY// PA TO JUDGE. jg THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.16729 of 2007-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of October, 2007. ORDER 1.Read the order dated 1-6-2007. 2.Following the aforesaid, the KSE Board has issued a calculation statement which is produced as Ext.P17 which reflects the balance arrear of Rs.54,41,754/- as on 31-7- 2007. That is challenged by the amendment. According to the petitioners, only an amount of Rs.15,97,600/- is due. 3.Having heard counsel for the petitioners, it appears prima facie that Ext.P17 has been prepared following the directions contained in the order dated 1-6-2007. But the learned counsel for the petitioners points out that certain remittances made by the petitioners have not been given due credit. There is also a controversy raised by the petitioners as to whether the amounts have to be worked out by recasting the instalment schedule dated 7-5-2005 or as shown by the petitioners in Ext.P18. 4.In the aforesaid circumstances, there will be an interim order that the petitioners shall remit the amount of Rs.15,97,600/- conceded to in Ext.P18 within a period of three weeks. The Special Officer (Revenue) of the KSE Board will verify Ext.P18 and place a further statement before this Court. If the petitioners approach the Special Officer for hearing in that regard, that shall also be extended. Let this be done within an outer limit of four weeks. Post after four weeks. Hand over. THOTTATHIL B. RADHAKRISHNAN, Sha/ JUDGE.