IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 10560 of 2006(F) -------------------------- PETITIONER: ------------ M/S. RUBBER O DYNATT (INDIA) PVT.LTD. MAJOR INDUSTRIAL ESTATE, PLOT NO.20, KALAMASSERY, REPRESENTED BY ITS MANAGING DIRECTOR SMT.ELEZABETH MATHEW, RESIDING AT A-17A, SANTHI NAGAR, RAJAGIRI P.O., SOUTH KALAMASSERY, KOCHI-680 104. BY ADV. SRI.VADAKARA V.V.N.MENON SRI.T.N.SUKUMARAN RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, KSEB, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PERUMBAVOOR. 4. THE EXECUTIVE ENGINEER, K.S.E.B., ELECTRICAL DIVISION, ALUVA. 5. THE DIRECTOR OF INDUSTRIES & COMMERCE DIRECTORATE OF INDUSTRIES & COMMERCE STATE OF KERALA, THIRUVANANTHAPURAM. 6. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, ERNAKULAM. 7. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.10560 of 2006 ---------------------------------------------- Dated 23rd May, 2008. J U D G M E N T The surviving grievance of the petitioner is in respect of prayers 3 and 4, which read as follows :- (iii) “issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 4 particularly the 2nd respondent to reconsider the requests of the petitioner company disposing Exts.P2, P4, P5 and P16(a) and other representations and refix the electricity charges claim of the first respondent from the petitioner company and adjust or refund the excess payments, if any, received by the Board from the petitioner company. When the entire instalments are paid as ordered by the Hon'ble Minister for Electricity. (iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 5 to 7 to consider the application for assignment of land submitted by the petitioner company on 12.3.1998 following its similar earlier applications with respect to the assignment of 100.2 cents of property in Survey No.2441/Part of Trikkakara North Village, Kalamassery. In case no action has been taken by the second respondent and respondents 5 to 7 on the pending requests and applications of the petitioner, the petitioner may produce a copy of this judgment before the said authorities, in which case, appropriate action in accordance with law on those requests and applications will be taken by the concerned and competent authorities with notice to the petitioner, within four months from the date of WP(C) NO.10560/06 2 production of a copy of the judgment along with a copy of the writ petition. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.10560 of 2006 ---------------------------------------------- J U D G M E N T Dated 23rd May, 2008.