IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 4791 of 2010(Y) --------------------------------------- PETITIONER(S): ------------------------- BHARATH SANCHAR NIGAM LTD., REPRESENTED BY THE DIVISIONAL ENGINEER, KOLLAM. BY ADV. MR.C.S.RAMANATHAN RESPONDENT(S): --------------------------- 1. CHAIRMAN, KSEB, VYDHUTHI BHAVAN, TRIVANDRUM. 2. DEPUTY CHIEF ENGINEER, CONSUMER GRIEVANCES REDRESSAL FORUM, VYDHUTHI BHAVAN, KOTTARAKKARA. 3. ASSISTANT EXECUTIVE ENGINEER, KSEB, APTS, KOTTAYAM. 4. SUB ENGINEER, KSEB, APTS, KOTTAYAM. 5. SUB ENGINEER, ELECTRICAL SECTION, KSEB, KADAMBANAD, KOTTAYAM. 6. ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB, KADAMBANAD, KOTTAYAM. *ADDL.R7 IMPLEADED: R7. STATE, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. (ADDL.R7 IS SUO-MOTU IMPLEADED AS PER JUDGMENT DTD.15/3/2010) R1 TO R6 BY ADV. MR.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.4791 of 2010-Y ---------------------------- Dated this the 15th day of March, 2010. J U D G M E N T The petitioner has approached this Court seeking for the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ order or direction calling for the records leading to Ext.P2, P3, P5 and P6 and to quash the same. ii) To declare that the petitioner is not liable to pay an amount of Rs.8,42,657/- as arrears of consumption of electrical energy. iii) To issue a writ of mandamus or any writ or direction directing the respondents to calculate the amount to be paid on the basis of regulation 33(2) of the terms and conditions of supply 2005. iv) To pass any other appropriate order which this Hon'ble Court deem fit and proper.” 2. The learned counsel for the petitioner submits that the issue has necessarily to be resolved by the 'High Power Committee' stated as already constituted and the first respondent is liable to refer the matter to the Chief Secretary of the State, who is the Convenor of the High Power Committee to have further steps in this regard. W.P(C) No.4791 of 2010-Y 2 3. The learned Standing Counsel appearing for the respondent points out that the State is not made a party to the proceedings. 4. Considering the nature of reliefs prayed for and proposed to be given, this Court finds it fit and proper to implead the 'State' represented by the Chief Secretary as additional seventh respondent suo motu. It is ordered accordingly and the learned Government Pleader has entered appearance on behalf of the additional seventh respondent as well. 5. Considering the facts and circumstances, the first respondent is directed to refer the matter to the additional seventh respondent for taking further steps to have the issue dealt with, in accordance with law. This shall be done within one week form the date of receipt of a copy of this judgment and on receipt of such reference, appropriate steps shall be taken by the additional seventh respondent and the issue shall be considered and finalized, in accordance with law, after hearing the parties concerned, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. It is also made clear that W.P(C) No.4791 of 2010-Y 3 till such time, the coercive steps pursuant to Exts.P2, P5 and P6 shall be kept in abeyance. Petitioner shall produce a copy of the judgment, along with a copy of the Writ Petition before the additional seventh respondent, for further steps. The Writ Petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON ab JUDGE //True Copy// P.A to Judge