IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 OP.No. 7968 of 1998(W) ---------------------- PETITIONER(S): --------------- THE BALIAPATAM TILE WORKS LIMITED POST PAPPINISSERY, KANNUR DISTRICT REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.P.V.LOHITHAKSHAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE CHAIRMAN, THE KERALA STATE - ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (THERMAL & COMMERCIAL), K.S.E BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 4. THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. ADV. SRI.P.SANTHALINGAM, SC, KSEB FOR R1TOR4 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1TOR4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 7968 of 1998 ORDER ON C.M.P.13749/1998 DISMISSED 2.2.2009 SD/- V.GIRI, JUDGE APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE BILL DATED 11.3.98 SENT BY THE 4TH RESPONDENT TO THE PETITIONER EXT.P2- TRUE COPY OF THE INTIMATION DATED 27.3.98 EXT.P3- TRUE COPY OF THE BILL DATED 7.4.98 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER EXT.P4- TRUE COPY OF THE ORDER OF THE BOARD DATED 31.1.98 (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- O.P.7968/1998 -------------------------------- Dated this 2nd day of February, 2009 JUDGMENT Koshy (Ag.C.J.) This petition was filed to quash Exts.P1 to P3 and for a declaration that the respondents are entitled to collect the electricity charge at the rate of Rs.3.20 per unit from the petitioner, only on the units of electricity consumed by the petitioner above 32,719 units in a month (70%), from the month of February 1998 onwards. Relief sought for was granted at the time of admission. A Division Bench of this Court in Writ Appeal No.808/1998 held that the extra charge is payable only for consumption beyond 70% of the base average. In the above circumstances, Exts.P1 to P3 are quashed. Respondents are directed to levy electricity charges from the petitioner at the higher rate only on excess consumption beyond 70%, and not on the entire consumption. O.P. is allowed as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs