IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 6614 of 2010(B) ------------------------- PETITIONER(S): --------------- K.A.SUBAIR, S/O.ALIYAR, AGED 37, PROPRIETOR, JASMINE WOOD INDUSTRIES, KANDANTHARA, ALLAPPRA P.O., PERUMBAVOOR, (KAROTHUKUDY HOUSE, KANDANTHARA, ALLAPRA P.O., PERUMBAVOOR). BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SRI.C.MOIDEEN KUTTY SMT.V.H.JASMINE SMT.SEEMA.E.GEORGE RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTAM P.O., THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE ASST. ENGINEER, ELECTRICAL SECTION, KSEB, VENGOLA, VENGOLA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) No. 6614 of 2010 --------------------------------------- Dated, this the 8th day of March, 2010 J U D G M E N T The petitioner is running a small scale industry and the existing power allocation was sought to be enhanced by submitting necessary application, satisfying all the requirements. Accordingly, the inspection was conducted and a new transformer is stated as installed. However, the respondents did not provide the necessary enhanced power allocation, stating that some amounts are due from the petitioner under some other head; which made the petitioner to approach this Court by filing this Writ Petition. 2. Heard the learned standing counsel appearing for the respondents as well. 3. The learned counsel for the petitioner submits that the amount due from the petitioner vide Ext.P2 penal bill is very much disputed and that the same stands stayed by this Court as per Ext.P4 interim order; under which circumstance, there is absolutely no rhyme or reason for demanding the said amount. This being the position, the amount due under Ext.P2 is not liable to be clubbed with the issue regarding the allocation of the enhanced power supply, submits the WP(C) No.6614/2010 2 learned Counsel. 4. After hearing both the sides, this Court finds that the submissions made from the part of the petitioner as to the position with regard to Ext.P2 stands rather conceded, in view of Ext.P4 interim order of stay. This being the position, the 2nd respondent is directed to finalise the proceedings with regard to the applications preferred by the petitioner for granting enhanced power allocation, on satisfaction of all the requirements, within one week from the date of receipt of a copy of this judgment. It is made clear that the issue forming the subject matter of Ext.P2 which as on date stands stayed by virtue of Ext.P4 interim order, shall not be a bar for finalising the proceedings as above. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc