IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 36564 of 2007(C) --------------------------------------- PETITIONER: ------------------ M/S.IDEA MOBILE COMMUNICATIONS LTD. SECOND FLOOR, MERCY ESTATE, RAVIPURAM COCHIN 682 015 REPRESENTED BY ITS SENIOR MANAGER SRI.RAMACHANDRAN.C. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT VYDYUTHIBHAVANAM,. THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (COMMERCIAL & TARIFF) KERALA STATE ELECTRICITY BOARD VYDYUTHIBHAVANAM,. THIRUVANANTHAPURAM. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, IRINJALAKKUDA. BY ADV. SRI.C.K.KARUNAKARAN, STANDING COUNSEL FOR KSEB SRI.C.E.UNNIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, ALONG WITH WPC NO. 37144 OF 2007, WPC NO.38008/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36564/07: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1. PHOTOCOPY OF THE BUILDING PERMIT. EXT.P2. A COPY OF the INVOICE DATED 1-12-2007 DEMANDING RS.10,80,134/- EXT.P3. A COPY OF the INVOICE DATED 1-12-2007 DEMADNIGN ADDITIONAL DEPOSIT OF RS.68,330/- EXT.P4. PHOTOCOPY OF the CIRCULAR NO.PLG.COM.4439/02/07-08/61 DATED 17-10-2007 ISSUED BY THE FIRST RESPONDENT. EXT.P5. PHOTOCOPY OF THE INTERIM ORDER IN WA 2247/07. EXT.P6. PHOTOCOPY OF THE JUDGMENT IN WPC 18368/07. RESPONDENT'S EXHIBITS: NIL H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.P.(C) Nos.36564, 37144 & 38008 of 2007 ------------------------------------------ Dated, this the 11th day of January, 2008 JUDGMENT H.L.Dattu, C.J. Though these matters are posted in the petition list, by consent of the learned counsel appearing for the parties to the lis, the matters are taken up for final hearing. 2. Petitioners in these writ petitions are granted licence by the Department of Telecommunications, Government of India for conducting Cellular Mobile operations in various States including the State of Kerala. 3. In these petitions filed under Article 226 of the Constitution, the petitioners call in question the correctness or otherwise of the demand notices issued by the respondents in the writ petitions, inter alia, demanding the petitioners to pay the arrears of electricity charges pursuant to a Circular issued by the Board. 4. The primary contention of the petitioners and their learned counsel is that the demand notice was not preceded by a show cause notice and therefore, the demand notice so issued is not only arbitrary, but also in violation of the principles of natural justice. 5. Sri.C.E.Unnikrishnan, learned counsel appearing for the respondent Board would submit that, for the present, the demand notices so issued by the respondents may be treated as show cause notices by the petitioners and file their objections, if any, to the said demand notices treating it as show cause notices and if such objections are filed, the respondents will consider those objections and pass appropriate orders. W.P.(C) No.36564/2007, etc. 2 6. In view of this understanding between the learned counsel appearing for the parties to the lis, without going into the other details of the writ petitions, we dispose of the same as under: ORDER i) The petitioners shall treat the demand notices issued by the respondents directing them to pay the arrears of electricity charges, as show cause notices. ii) The petitioners, if they so desire, file their objections to the said demand notices/show cause notices within a period of 15 days from today. iii) The respondent Board shall consider the objections that may be filed by the petitioners within the time granted by this Court, within 15 days thereafter and also afford an opportunity of hearing to the petitioners and thereafter issue appropriate demand notices. iv) All the contentions of both the parties are left open. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns