IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 18377 of 2008(K) -------------------------- PETITIONER: ------------------- M/S.HARBOUR FISHERIES, PLOT NO.4, COCHIN FISHERIES HARBOUR, THOPPUMPADY, COCHIN-05, REP. BY ITS PARTNER, RAFEEQUE T.M. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJIMOIDEENKUTTY SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, ERNAKULAM. 3. THE ASST. ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, THOPPUMPADY. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. R1 TO R3 BY SC SRI. P.P. THAJUDEEN. R4 BY ADV. SRI. T.K. KUNHABDULLA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.18377 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of June, 2008 JUDGMENT Petitioner is a partnership firm engaged in sea food processing and freezing. It is having electricity connection under LT IV tariff. Complaint of the petitioner is that the unit of the petitioner is sought to be brought under LT VII A(Commercial). The question of change of tariff is pending consideration before the Commission. It is pointed out that what is pending before the Commission is the question of review of tariff and any decision taken would be binding on the petitioner also and atleast till such time as a decision is taken petitioner may be permitted to pay under LT IV. It is submitted that though there is disconnection, the connection is not yet dismantled. 2. Having heard learned counsel for the petitioner, learned counsel for the Board and the learned counsel for the Commission, the writ petition is disposed of as follows: Petitioner is permitted to pay electricity charges at the rate applicable to LT IV tariff till a decision is taken by the fourth respondent. If the petitioner pays the electricity charges under LT-IV on or before 23.6.2008, electricity connection in the name of the petitioner firm will not WPC.18377/2008. 2 be dismantled. It is made clear that the respondent is free to issue the bill under LT VIIA. But as already directed, the petitioner is permitted to pay at the rate applicable to LT IV. (K.M. JOSEPH, JUDGE) sb