IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16081 of 2008(M) ---------------------------------------------- PETITIONER: ----------------- ABM MARINE PRODUCTS, CONSUMER NO.5562014837, 7/444, KOCHANGADY,KOCHI-2, REPRESENTED BY ITS PARTNER K.E.MADHUKUMAR. BY ADV. SRI.VIVEK CHANDRAN RESPONDENTS: --------------------- 1. KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVAN, C.V.RAMANPILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 2. KERALA STATE ELECTRICTY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICTY BOARD, THOPPUMPADY, ERNAKULAM. R1 BY SHRI T.K. KUNHABDULLA, SC. R2 & R3 BY SHRI P.P. THAJUDEEN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 16081 OF 2008 M -------------------------------------- Dated this the 30th May, 2008 JUDGMENT Petitioner is a partnership firm engaged in sea food processing. Its complaint is against the revision of tariff, changing the petitioner's industrial unit from LT IV to LT VII A as per Ext.P2 without any draft proposal. This Court has already disposed of similar Writ Petitions directing the first respondent to consider the objections of the parties. 2. I heard the learned counsel appearing for the petitioner and the respondents. It is pointed out on behalf of the respondents that the matter has been posted to 31.5.2008 for hearing. It is also pointed out that the petitioner has not filed any petition before the first respondent Commission. In such circumstances, the Writ Petition is disposed of as follows: If the petitioner files a petition before the first respondent by 31.5.2008, the first respondent will hear the petitioner also and take a decision in the matter in accordance with law. WPC. 16081/2008 2 Petitioner will be permitted to pay electricity charges on the basis that it is liable to be assessed at LT IV tariff. This does not mean that the respondent Electricity Board cannot raise bills treating it as LT VII A. This arrangement will continue till a decision is taken by the first respondent in the matter as aforesaid. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy// PS to Judge