IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 W.P.(C).No.13398 of 2009(T) ------------------------------------------- PETITIONER:- --------------------- M/S. SOLVE PLASTIC PRODUCTS PRIVATE LTD., THOLICODE P.O., PUNALUR, REPRESENTED BY ITS MANAGING DIRECTOR, B.SUDEERKUMAR, RESIDING AT SARASWATHY BHAVAN, THOLICODE P.O., PUNALUR, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS:- ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE MEMBER DISTRIBUTION (DISTRIBUTION), K.S.E.B., VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE SECRETARY, THE KERALA STATE REGULATORY COMMISSION, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, COMMERCIAL AND TARIFF, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 5. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, KOTTARAKKARA, KOLLAM. 6. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PUNALUR, KOLLAM DISTRICT. WP(C).NO.13398 OF 2009-T - 2 - 7. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, PUNALUR, KOLLAM. 8. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, THENMALA, KOLLAM. R1, R2, R4 TO R8 BY STANDING COUNSEL SRI.P.SANTHALINGAM (SENIOR ADVOCATE) R3 BY STANDING COUNSEL SRI.ANEESH JAMES. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1,2,4-8 SMT.SREEDEVI KYLASANATH,SC,KSER COMMN. FOR R3 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 SRI.P.NANDAKUMAR,SC,KSEB REGULATORY COM FOR R3 SRI.S.SREEKUMAR,SC,KSERC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C)..No.13398 of 2009-T APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE PHOTOCOPY OF THE SALE CERTIFICATE ISSUED BY THE AUTHORISED OFFICER, ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, COMMERCIAL BRANCH. EXT.P2 - TRUE PHOTO COPY OF THE SALE CERTIFICATE. EXT.P3 - TRUE PHOTO COPY OF THE LETTER DATED 5.12.2006. EXT.P4 - TRUE PHOTO COPY OF THE SALE DEED NO.4877/2006. EXT.P5 - TRUE PHOTO COPY OF THE ORDER DATED 9.4.2007. EXT.P6 - TRUE PHOTO COPY OF THE LETTER DATED 8.10.2007. EXT.P7 - TRUE PHOTO COPY OF THE LETTER DATED 10.10.2008. EXT.P8 - TRUE PHOTO COPY OF THE LETTER DATED 21.10.2008. EXT.P9 - TRUE PHOTO COPY OF THE LETTER DATED 13.11.2008. EXT.P10 - TRUE PHOTO COPY OF THE LETTER DATED 15.11.2008. EXT.P11 - TRUE PHOTO COPY OF THE REPRESENTATION DATED 17.11.2008. EXT.P12 - TRUE PHOTO COPY OF THE NOTIFICATION DATED 2.1.2009. EXT.P13 - TRUE PHOTO COPY OF THE LETTER DATED 22.01.2009. EXT.P14 - TRUE PHOTO COPY OF THE LETTER DATED 27.02.2009. EXT.P15 - TRUE PHOTO COPY OF THE LETTER DATED 6.3.2009. EXT.P16 - TRUE PHOTO COPY OF THE REPRESENTATION DATED 17.3.2009. EXT.P17 - TRUE PHOTO COPY OF THE RECEIPT ISSUED BY THE RESPONDENT. EXT.P18 - TRUE PHOTO COPY OF THE APPLICATION DATED 15.07.2009. EXT.P19 - TRUE COPY OF THE SAID APPLICATION DATED 10.06.2009. EXT.P20 - TRUE COPY OF THE REPLY ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS:- ---------------------------------------- EXT.R1(a) - TRUE COPY OF THE LETTER, DATED 16.12.2009 ISSUED BY RESPONDENT NO.8 TO THE PETITIONER-CONSUMER. EXT.R3(a) - TRUE COPY OF THE KERALA ELECTRICITY SUPPLY CODE (FOURTH AMENDMENT) REGULATIONS, 2008. vku/ (true copy) C.N.Ramachandran Nair & K.Vinod Chandran, JJ. ---------------------------------------- W.P.(C).No.13398 of 2009-T ----------------------------------------- Dated this, the 15th day of December, 2011 JUDGMENT C.N.Ramachandran Nair,J.: The writ petition is filed for a direction to the Kerala State Electricity Board for providing supply to the petitioner without any need to execute Minimum Guarantee Agreement. 2. We have heard the learned counsel appearing for the petitioner and the learned Senior Counsel Sri.P.Santhalingam, appearing for the respondents. 3. The petitioner's case is that since the petitioner is an existing industry as on the date of coming into force of the Electricity Supply Code, 2005, the petitioner is entitled to additional load upto 150 KVA without executing Minimum Guarantee Agreement. However, the Standing Counsel submitted that the industry was originally owned by another person and on their closing the business, the installation was dismantled on 16.4.2002. Petitioner is the second purchaser of the industry and obtained a fresh connection only in 2007. There is nothing to indicate that the existing 250 KVA WP(C).13398 of 2009-T - 2 - transformer can serve the requirement of the petitioner as well, because connections are given from the same transformer to several other consumers, industrial as well. We do not find any merit in the claim of the petitioner for additional power allocation without executing Minimum Guarantee Agreement and complying with the other formalities required by the KSEB. However, if the transformer has the required capacity, we do not find any reason why the petitioner should not be allowed additional power allocation based on norms. The writ petition is disposed of directing the KSEB to consider the petitioner's claim under the norms applicable. Sd/- C.N.Ramachandran Nair, Judge Sd/- K.Vinod Chandran, Judge. vku/151211 - true copy -