IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10919 of 2008(Y) --------------------------------------- PETITIONER: ------------------- K.M. MOOSA, AL-AZHAR COLLEGE OF ARTS AND SCIENCE, PERUMPALLICHIRA AND CHAIRMAN, NOORUL ISLAM TRUST, UDUMBANNOOR, THODUPUZHA, IDUKKI DISTRICT. BY ADVS. MR..M.C.CHERIAN, MR.M.A.THOMAS KUTTY, SMT.ASHA CHERIAN, MR.P.M.SANEER. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 3. THE ASSISTANT ENGINEER, ELECTRICAL MAJOR SECTION NO.II, K.S.E.B., THODUPUZHA. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. R1 BY MR. K.P. DANDAPANI, SENIOR ADVOCATE, ADV. MR. T.K. KUNHABDULLAH, R2 & R3 BY MR. C.K.KARUNAKARAN, SC, MR. P.P.THAJUDEEN,SC, R4 BY GOVT. PLEADER MR. BEJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, ALONG WITH W.P.(C). NO.7818/2008 AND CONNECTED CASES , THE COURT ON 06/04/2009, DELIVERED THE FOLLOWING: W.P.(C). NO.10919/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O(MS).NO.110/2002/II.EDN. DTD. 17/08/2002 ISSUED BY THE GOVT. OF KERALA. EXT.P.2: COPY OF THE ORDER NO. U.O. NO. AC.AVII/1/1065/02 DTD. 04/09/2002, ISSUED BY THE MAHATMA GANDHI UNIVERSITY. EXT.P.3: COPY OF THE G.O.(MS).NO.146/2002/H. EDN. DTD. 26/10/2002 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P.4: COPY OF THE ELECTRICITY BILL DTD. 15/12/2007 FOR RS.22,282/-. EXT.P.5: COPY OF THE GAZETTE NOTIFICATION NO. 2148, DTD. 27/11/2007. EXT.P.6: COPY OF THE ELECTRICITY BILL DTD.1 5/01/2008 FOR RS.24,938/-. EXT.P.7: COPY OF THE ELECTRICITY BILL DTD. 15/02/2008 FOR RS.35,298/-. EXT.P.8: COPY OF THE ELECTRICITY BILL DTD. 10/03/2008. EXT.P.9: COPY OF THE ORDER DTD. 26/02/2008 IN W.P.(C).NO.6547/2008 PASSED BY HONOURABLE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS: EXT.R1.A: PAPER PUBLICATIONS. EXT.R1.B: LETTER DTD. 24/04/2007 OF RESPONDENT NO.3 TO THE DIRECTOR OF PUBLIC RELATIONS. EXT.R1.C: DRAFT TARIFF ISSUED BY R.3. EXT.R1.D: PRESS RELEASE DTD. 23/04/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R1.E: PRESS RELEASE DTD. 08/05/2007 ARRANGED THROUGH THE DIRECTOR, PUBLIC RELATIONS. EXT.R1.F: COPY OF THE MINUTES OF THE STATE ADVISORY COMMITTEE HELD ON 15/05/2007. EXT.R1.G: GAZETTE NOTIFICATION DTD. 31/10/2006 REGARDING THE NOTIFICATION OF THE CONSTITUTION OF THE STATE ADVISORY COMMITTEE. EXT.R1.H: COPY OF THE LIST OF PERSONS ATTENDED IN THE PUBLIC HEARING HELD ON 17/05/2007. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10919 of 2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of April, 2008. O R D E R 1.Learned standing counsel takes notice for respondents 2 and 3. Learned standing counsel takes notice for the first respondent. The learned Senior Government Pleader takes notice for the fourth respondent. 2.There will be an interim order as prayed for, on condition that the petitioner continues to pay electricity charges under LT VIA tariff. It is also clarified that no further payments under LT VIIA tariff shall be insisted upon, until further orders. The petitioner's liability to pay under LT VIIA tariff will be subject to the result of this writ petition. 3.Post on 28-5-2008 along with connected cases. H.O. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/010408