IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 3754 of 2010(T) -------- ------------------------- PETITIONER: ------------------ BHARATH SANCHAR NIGAM LTD., REPRESENTED BY DIVISIONAL ENGINEER (LEGAL) O/O.THE GENERAL MANAGER, TELECOM, KANNUR. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD REP BY CHARIMAN,VYDYUTHI BHAVAN, TRIVANDRUM. 2. EXECUTIVE ENGINEER ELECTIRICAL DIVISION, TELLICHERY, KANNUR. 3. ASSISTANT EXECUTIVE ENGINEER KSEB, ELECTRICAL SECTION, KUTHUPARAMBU,KANNUR. 4. ASSISTANT ENGINEER, KSEB ELECTRICAL SECTION, KUTHUPARAMBU, KANNUR. ADDL.5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. (ADDL.5TH RESPONDENT IS SUO MOTU IMPLEADED AS PER THE JUDGMENT DATED 24.2.2010 IN WP(C) NO.3754/2010) ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO R4 R5 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Ramachandra Menon, J. ------------------------------------------ W.P.(C) No.3754 of 2010 ------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: “1. To issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to P7, P8 and P10 and quash the same. II. To issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioner is not liable to pay the amount imposed as penalty as per Ext.P7, P8 and P10. III. To issue a writ of mandamus or any other order or direction directing the respondents to refer the dispute to the high power committee constituted as directed by this Honourable Court.” 2. The learned counsel for the petitioner as well as the learned Standing Counsel for the respondents submit that the W.P.(C) No.3754 of 2010 - 2 - issue is squarely covered by the decision rendered by a Division Bench of this Court in W.A.No.1992 of 2004 whereby the matter was directed to be referred to the High Power Committee constituted and to have the matter decided finally by the said Committee. Following the said judgment passed by the Division Bench, quite number of verdicts have already been passed in the subsequent cases including W.P.(C) No.26632 of 2009, whereby similar course was ordered to be pursued directing the High Power Committee to have the matter finalised within three months and to keep the recovery proceedings in respect of the disputed bill in abeyance. 3. In the above facts and circumstances, this writ petition is also disposed of directing the respondents herein to have the matter referred to the High Power Committee and the High Power Committee shall pass final verdict after hearing the parties concerned in accordance with law as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is made clear that till such W.P.(C) No.3754 of 2010 - 3 - final orders are passed by the High Power Committee, all further recovery proceedings shall be kept in abeyance. 4. Taking note of the fact that the High Power Committee is to be headed by the Chief Secretary of the Government of Kerala and further since the State is not a party to the present writ petition, this Court finds it fit and proper to implead the State of Kerala, represented by the Chief Secretary as the additional 5th respondent. Accordingly, the State of Kerala, represented by the Chief Secretary is impleaded as additional 5th respondent, suo motu, and heard learned Government Pleader who entered appearance on behalf of the additional 5th respondent, as well. Petitioner will forward a copy of the writ petition along with a copy of the verdict to the Chief Secretary, Government of Kerala for prompt compliance. P.R.Ramachandra Menon, Judge vns