IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 38244 of 2010(E) ------------------------ PETITIONER(S): ------------------------ 1. B.JAYALAKSHMI, PROPRETRIX, JAYASREEMETALS, MANVILA INDUSTRIAL ESTATE TRIVANDRUM, 4/169, AMABALA NAGAR, EXTN, KOWDIAR PO, TRIVANDRUM-3. 2. DR.MSN. BALASUBRAMANIYAN M.SC., M.TECH, M.I.I.M, PH.D (MOSCOW)., F.I.E. (INDIA)' INDIAN SPACE RESEARCH ORGANISATION, RETD., JAYASREEMETALS, MANVILA INDUSTRIAL ESTATE TRIVANDRUM, 4/169, AMABALA NAGAR, EXTN, KOWDIAR PO, TRIVANDRUM-3. BY SRI.M.S.N.BALASUBRAMANIYAN, PARTY-IN-PERSON RESPONDENT(S): ------------------------- 1. GOVT. OF KERALA, REPT OF ADDITIONAL CHIEF SECRETARY, DEPT OF INDUSTRY, TRIVANDRUM-695 001 2. THE CHAIRMAN, K.S.E.B VAIDUTHI BHAVAN, TRIVANDRUM-695 001. 3. THE CHIEF ENGINEER, DISTRIBUTION (SOUTH), POWER HOUSE BUILDING, TRIVANDRUM-695 001. 4. EXECUTIVE ENGINEER, KSEB, KAZHAKUTTUM DIVISION, TRIVANDRUM -695 022 5. ASST ENGINEER, KSEB, KULATHOOR SECTION, TRIVANDRUM-695 022. R1 BY SR. GOVT. PLEADR SMT. ANITHA RAVINDRAN R2 TO R5 BY ADVS. SRI. SAJEEV KUMAR K. GOPAL, SC SRI.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 38244 of 2010(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPIES OF THE APPROVAL ORDER DATED 20.01.2009 FOR A NEW PROJECT. EXT.P2 : COPY OF THE APPLICATION TO THE 5TH RESPONDENT TO PROVIDE TEMPORARY EXTENSION POWER SUPPLY TO NEW PROJECT. EXT.P3 : COPY OF REFUSAL LETTER BY DATED 23-5-08. EXT.P4 : COPY OF AN APPLICATION DATED 15.10.2009 FOR DIRECT CONNECTION FOR THE NEW PROJECT. EXT.P5 : COPY OF SANCTION ORDER DATED 21-11-09. EXT.P6 : COPY OF THE LETTER OF DEMAND TO PAY RS. 1115332 FOR INSTALLING A NEW TRANSFORMER. EXT.P7 : COPY OF THE REPLY BY THE PETITIONER TO THE EXHIBIT P6 LETTER. EXT.P8 : COPY OF THE LETTER BY 4TH RESPONDENT TO THE PETITIONER. EXT.P9 : COPY OF THE REPRESENTATION DATED 04.05.2010 TO THE CHAIRMAN. EXT.P10 : COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER OF THE KERALA STATE ELECTRICITY BOARD TO MY HUSBAND DATED 04.05.2010. EXT.P11 : COPY OF THE OWNERSHIP CERTIFICATE OF THE PREMISES BEARING NO. TC 3/1260 ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM DATED 20.11.2009 & CERTIFICATE TC 3/1259. EXT.P11(a) : COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM FOR THE BUILDING BEARING NO. 3/1259. EXT.P12 : COPY OF THE NOTIFICATION NO. 605 DATED 20.03.2005 ISSUED BY THE KERALA STATE ELECTRICITY REGULATORY COMMISSION. EXT.P13 : COPY OF THE NOTIFICATION NO. 2300 DATED 24.10.2008. EXT.P14 : COPY OF THE NOTIFICATION NO. 774 DATED 23.04.2009. (Contd...) WP(C).No. 38244 of 2010(E) EXT.P15 : KSEB DATA ON TRANSFORMERS. EXT.P16 : SUGESSION BY THE PETITIONER. EXT.P17 : INTIMATION OF SSI CENTIFICATE. EXT.P18 : KSEB ORDERS. EXT.P19 : COPY OF TEST CERTIFICATE FROM ELECTRICAL INSPECTORATE. EXT.P20 : COPY OF BOARDS CERTIFICATE OF NIL PENDING PETITION. EXT.P21 : COPY OF M.G. MINIMUM GUARANTEE AGREEMENTS PETITION TO ACCEPT NOTES OF ARGUMENTS. RESPONDENT'S EXHIBITS : EXT.R3(a) : NIL EXT.R3(b) : COPY OF THE MINIMUM GUARANTY AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE BOARD DATED 16-03-2011. EXT.R5(a) : REPORT DATED 9/2/11 PREPARED BY THE 5TH RESPONDENT. EXT.R5(b) : ESTIMATE PREPARED BY THE 5TH RESPONDENT. EXT.R5(c) : A SKETCH SHOWING THE ROUTE MAP OF EXISTING 11 KV/LT LINE AND PROPOSED LINE ROUTE. //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 38244 of 2010 ----------------------------------------------- Dated this the 9th day of December, 2011 JUDGMENT Heard Dr.MSN.Balasubramaniyan, the second petitioner in the writ petition who is present in person and Sri.Sajiv Kumar K.Gopal, learned standing counsel appearing for the Kerala State Electricity Board. This writ petition was filed on 21.12.2010 mainly seeking a direction to the respondents to provide electricity connection to an industrial unit run by the petitioners without insisting on the petitioners' meeting the expenses for a transformer. The petitioners also challenge Ext.P6 letter sent by the fourth respondent to the first petitioner whereby she was called upon to remit the sum of Rs.11,15,332/- toward the expenses for laying the cable to energize a 100 KV transformer on OYEC basis. 2. By virtue of the interim orders passed by this Court on 31.1.2011 and 11.3.2011, electricity connection was given to the petitioners' industrial unit on 4.4.2011 by drawing the electricity line from one of the existing transformers in Monvila Industrial Estate after executing a minimum guarantee agreement. The writ petition has therefore become practically infructuous. WP(C)No. 38244 of 2010 -2- 3. Such being the situation, the only thing that remains to be done is to direct that the electricity connection given to the petitioners' establishment on 4.4.2011 under the minimum guarantee scheme pursuant to the interim orders passed by this Court shall be deemed to be a regular electricity connection given to their establishment for all practical purposes. If the petitioners have any grievance as regards the point of time at which the minimum guarantee amount has to be paid, it will be open to them to work out their remedies in other appropriate proceedings. The issue regarding the petitioners' claim for additional connected load also need not now be examined in view of the fact the said claim requires to be examined only when the need arises and the petitioners make an application in that regard to the competent authority. The writ petition is disposed of with the above observations. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.