IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 27225 of 2008(N) ---------------------------------------------- PETITIONER: ------------------ MARUTHACHALAN, COWMA MILK, PALAKKAR ROAD, KOZHINJAMPARA, PALAKKAD. BY ADV. SRI.S.SHARAN SMT.P.USHAKUMARI RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REP.BY ITS SECRETARY. 2. CHIEF ENGINEER, COMMERCIAL & TARIFF, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KOZHINJAMPARA, PALAKKAD. 4. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KOZHINJAMPARA, PALAKKAD. 5. KERALA STATE ELECTRICITY REGULATORY COMMISSION, 30, PARAMESWARAN BHAVAN, BELHEAVEN GARDENS, KAWDIAR, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 27225 OF 2008 N -------------------------------------- Dated this the 29th September, 2008 JUDGMENT Petitioner is running a Milk Processing Unit. It is stated that till 29.8.2008 the petitioner was classified under LT IV Industrial Tariff. The Anti Power Theft Squad conducted inspection on 30.8.2008 and the tariff is converted to LT VIIA. Petitioner has approached this Court challenging Exts.P2, p3 and P4 orders and seeking a declaration that he is liable to pay electricity charges under LT IV industrial tariff rate and to classify the petitioner under LT IV industrial tariff. Ext.P1 is the Mahazar prepared on 30.8.2008 by the APTS. Ext.P2 is the communication from the Assistant Engineer informing that the petitioner is liable to pay electricity charges at LT VIIA tariff with effect from 1.12.2007. Ext.P3 is the demand notice and Ext.P4 is the schedule of tariff. Learned counsel appearing for the petitioner submits that the petitioner will move in review before the Commission in regard to Ext.P4. Counsel further WPC. 27225/08 N 2 submits that the petitioner ought to have been classified as HT consumer. If demand had been made from January 2008 by the Board itself, the petitioner would have either accepted it or challenged it at that stage, he contends. Learned standing counsel would point out that there is power under Regulation 24 (5) of the Electricity Supply Code for reassessment. Learned standing counsel also submits that if the petitioner files an application for conversion to HT and complies with the formalities, the same will be considered. Learned counsel for petitioner submits that the petitioner is willing to do that. In such circumstances, the Writ Petition is disposed of as follows: Recovery proceedings against the petitioner pursuant to Exts.P2 and P3 will be kept in abeyance on condition that the petitioner remits the balance amount in six equal monthly instalments with interest. The first instalment shall be payable on or before 14.10.2008 and the further instalments on or before the 14th of every succeeding month. Failure of payment of any of the instalments will result in the petitioner losing the benefit WPC. 27225/08 N 3 of this Judgment and it will be open to the respondents to proceed against the petitioner in accordance with law. If the petitioner makes application for conversion into HT consumer and complies with the formalities, the third respondent will take a decision on the same in accordance with law within a period of one month from the date of filing the application. It is open to the petitioner to make payment of the amounts under protest and subject to any decision that may be taken by the respondent Commission. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge