IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31236 of 2008(R) -------------------------- PETITIONER(S): --------------- M/S.SOLVAR WIRE (P) LTD., (FORMERLY M/S.SOUTHERN ELECTROMAG (P) LTD., II/538 CHEMICAL INDUSTRIAL ESTATE, AROOR, ALLEPPEY DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, K.JOSE THOMAS.` BY ADV. SRI.J.JULIAN XAVIER SRI.ROY JOSEPH SMT.M.S.SOUJATH SRI.JOSE. V.V. RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, ERNAKULAM. 4. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA. ADV.SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 31236 OF 2008 R ```````````````````````````````````````````````````` Dated this the 23rd day of October, 2008 J U D G M E N T Prayers in the writ petition are as follows: (i) to call for the records connected with the case leading to Exts.P5, P9 and P9 (a) and quash the same by issuing a writ of certiorari (ii) to declare that power restriction is not applicable in the case of the petitioner in the light of Ext.P2 order and rehabilitation package introduced by the Government. 2. Petitioner also challenged Ext.P5 in W.P.(C) No.28560/08. Ext.P9 is the monthly bill for September 2008 and Ext.P9(a) is a calculation statement. It is apparently pursuant to the interim order of the Regulatory Commission that consumption in excess of 75% is billed at a higher rate, it is accordingly by Ext.P5 the quota is fixed at 810 units. Going by the stand taken by the Board in WP(C) No.28560/08, the petitioner is entitled to have the quota fixed at 12668 units. WPC.31236/08 : 2 : Certainly, this will be subject to the decision to be taken on the representation as contemplated in the judgment. Now, Exts.P9 and P9(a) proceedings are issued on the basis of Ext.P5. Exts.P9 and P9(a) cannot be sustained. Accordingly, Exts.P9 and P9(a) are quashed to the extent of demand of charges based on calculation of 810 units as the quota instead 12668 units. The bill is to be fixed on the basis that the petitioner is entitled to 12668 units subject to any decision to be taken by the concerned agreement executing authority. Ordered accordingly. Writ petition is disposed of as above. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE