IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 25693 of 2009(F) -------------------------- PETITIONER(S): --------------- BHARAT SANCHAR NIGAM LTD., REPRESENTED BY DIVISIONAL ENGINEER, CHANGANASSERY, O/O. THE GENERAL MANAGER, KOTTAYAM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY CHAIRMAN, VYDYUTHI BHAVAN, TRIVANDRUM. 2. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, CHAGANASSERY. 3. SUB ENGINEER, KSEB, ELECTRICAL SECTION, CHANGANASSERY, KOTTAYAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25693 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd September, 2009. J U D G M E N T The petitioner is the Bharat Sanchar Nigan Ltd., a Government of India undertaking. The Kerala State Electricity Board officials inspected the premises of the Kurishummood Exchange of the BSNL and prepared a mahazar, wherein they found that the connected load exceeded the authorised load. Penalty has been imposed for the unauthorised additional load and demanded by Ext. P3 bill. The petitioner is challenging the same. According to the petitioner, if the two spare air conditioners and four spare SMPS are excluded, the connected load would be less than the authorised load and therefore the petitioner is not liable to pay any penalty. 2. The question as to whether SMPS are liable to be included in the connected load itself is a disputed question and in two other connected cases, this Court had directed that, that dispute be resolved by reference to a High Power Committee appointed by the Board. In fact, a Division Bench of this Court has, in W.A.No. 1912/2004, directed constitution of the High Power Committee for resolving similar disputes, insofar as the Supreme Court has repeatedly held that disputes between entities owned by the Government should not be dragged to the Court and should be resolved by reference to a High Power Committee. Therefore, I direct that the dispute involved in this writ petition also be referred to the High Power Committee constituted by the Board as directed in W.A.No. 1912/2004. The High Power Committee shall give its W.P.C. No. 25693/2009. -: 2 :- decision within three months from the date of receipt of a copy of this judgment. Till then, recovery of the amounts as per the disputed bill shall be kept in abeyance. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.