IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 9466 of 2009(C) ------------------------------------- PETITIONER(S): ---------------------- SURYA PETROLUEM (P) LTD.,P.B.ROAD, ERATTUPETTA,KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICIY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PALA, KOTTAYAM. BY STANDING COUNSEL SRI.P.P.THAJUDEEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9466 of 2009-C ---------------------------------------------- Dated, this the 2nd day of April, 2009 J U D G M E N T Heard learned counsel for the petitioner and learned standing counsel for the respondent Board. The case of the petitioner in brief is follows: 2. It is the case of the petitioner that LPG-bottling is an industry as classified in the National Industrial Classification of Central Government. The respondents installed 2 meters treating the establishment of the petitioner as industry. From 1997 onwards, it is stated that, petitioner has been billed as LT IV. Now, the respondents have issued circular treating LPG bottling as commercial activity. Following the judgment of this court in Sainalabdeen Vs. Kerala State Electricity Board (2006 (1) KLT 529), the writ petition is disposed of as follows: There will be a direction to the Ist respondent to place the matter before the Kerala State Electricity Regulatory Commission within a period of two weeks from today. The Commission will proceed to take a decision in the WPC No. 9466/2009 -2- matter within a period of three months from the date of production of a copy of this judgment. While it will be open to realise bills under LT VIIA petitioner need pay only under LT IV. Further it will be subject to the final decision to be taken by the Commission. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. MS