IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 27323 of 2008(C) -------------------------- PETITIONER(S): --------------- M/S NEPTUNE READY MIX CONCRETE (P) LTD., MUPPATHADOM P.O., EDAYAR, KOCHI REPRESENTED BY ITS THE PUBLIC RELATION OFFICER SRI. SHYAM S. NAIR. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): --------------- 1. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICTY BOARD, ELECTRICAL SECTION, EDAYAR. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICTY BOARD, ELECTRICAL SUB DIVISION, EDAYAR. 3. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRCITY BOARD, ELECTRICAL SECTION, EDAYAR. 4. SPECIAL OFFICE REVENUE, KERALA STATE ELECTRICITY BOARD,VITHUTHY BHAVAN, PATTOM, THIRUVANANTHAPURAM. 5. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTICITY BOARD, ELECTRICAL CIRCLE, POWER HOUSER ROAD, KOCHI -18. 6. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMNA, VITHUTHY BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADDL.7. KERALA STATE ELECTRICITY REGULATORY COMMISSION REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. (ADDL.R7 IMPLEADED VIDE ORDER DATED 15.9.08) R1 TO R6 BY ADV.SRI.P.P.THAJUDEEN, S.C. R7 BY ADV. SRI.T.K.KUNHABDULLA, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.27323/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF BILL DATED 15.7.2008 ISSUED IN RESPECT OF EDAYAR PLANT OF PETITIONER HAVING ITS CONSUMER UMBER 6726 BY KSEB. EXT.P2: THE TRUE COPY OF BILL DATED 16.8.08 ISSUED IN RESPECT OF EDAYAR PLANT OF PETITIONER BY KSEB. EXT.P3: THE TRUE COPY OF LETTER DATED 25.8.08 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: THE TRUE COPY OF GO (MS) NO.44/2003/RD DATED 13.2.2003. EXT.P5: THE TRUE COPY OF PATTA ISSUED BY THE TAHSILDAR. EXT.P6: THE TRUE COPY OF APPLICATION FORM AND CERTIFICATE DATED 17.11.2003 SUBMITTED BY THE PETITIONER BEFORE DISTRICT INDUSTRY CENTRE, ERNAKULAM. EXT.P7:THE TRUE COPY OF THE LETTER NO.B1-8176-03 DATED 17.8.2005. EXT.P8: THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION AS THE MEDIUM SCALE INDUSTRIAL UNIT ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY DATED 28.9.06. EXT.P9: THE TRUE COPY OF THE LICENCE DATED 29.12.2007 ISSUED BY DEPARTMENT OF FACTORIES AND BOILERS. EXT.P10: THE TRUE COPY OF THE PROCEEDING OF SPECIAL GRADE SECRETARY OF KADUNGALLOOR GRAMA PANCHAYATH AS PER ORDER NO.E1-599/0 DATED 25.2.2003. EXT.P11: THE TRUE COPY OF THE LICENCE NUMBER III/2008-09 DATED 1.4.2008 ISSUED BY KADUNGALLUR GRAMA PANCHAYATH. EXT.P12: THE TRUE COPY OF THE RECEIPT ISSUED BY KADUNGALLUR GRAMA PANCHAYATH IN FAVOUR OF PETITIONER DATED 23.2.2008. WPC.27323/08 EXT.P13: THE TRUE COPY OF THE REGISTRATION CERTIFICATE IN FORM B. EXT.P14: THE TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 5.2.2003 ISSUED BY ADDITIONAL SALES TAX OFFICER, KALAMASSERY, EDAPALLY. EXT.P15: THE TRUE COPY OF THE APPLICATION DATED 30.4.2008 SUBMITTED BY THE PETITIONER FOR THE RENEWAL OF THE REGISTRATION UNDER THE KVAT ACT. EXT.P16: THE TRUE COPY OF THE LICENCE DATED 13.12.07 ISSUED BY DEPT OF FACTORIES AND BOILERS. EXT.P17: THE TRUE COPY OF THE LICENCE NO.A3-85/2008-09 DATED 28.4.08 ISSUED BY MARADU GRAMA PANCHAYATH. EXT.P18: THE TRUE COPY OF THE RECEIPT ISSUED BY MARADU GRAMA PANCHAYATH IN FAVOUR OF PETITIONER DATED 25.2.2008. EXT.P19: THE TRUE COPY OF BILL DATED 5.8.08 ISSUED BY TAMIL NADU ELECTRICITY BOARD. EXT.P20: THE TRUE COPY OF BILL DATED 26.5.08 ISSUED BY EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH. EXT.P21: THE TRUE COPY OF BILL DATED 1.8.08 ISSUED BY BANGALORE ELECTRICITY SUPPLY COMPANY LTD. EXT.P22: THE TRUE COPY OF THE LETTER NO.AE1/HTGNL/07-08/195 DATED 21.6.08 ISSUED BY THE 5TH RESPONDENT. EXT.P23: THE TRUE COPY OF BILL DATED 12.8.08 ISSUED TO THE PETITIONER BY 4TH RESPONDENT. EXT.P24: THE TRUE COPY OF SCHEDULE OF TARIFF NO.2148 DATED 27.11.2007. EXT.P25: THE TRUE COPY OF INVOICE DATED 11.11.08 ISSUED TO M/S.BEST READY MIX, VELAKKODE. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27323 OF 2008 ------------------------------------------- Dated this the 26th day of March, 2009 JUDGMENT The petitioner has three different units within the State of Kerala, as of now, where ready-mix concrete is prepared for construction of buildings. The ingredients that go into the process are pumped out of the units as materials fit for consumption and direct application without any other intervention into the construction of buildings. The product is transported utilising equipments which keep the concrete mixture in its usable state to the site of its user. Whether the ready-mix concrete thus prepared is a specific commodity of commercial importance and identity cannot be much of a matter of dispute. The only issue is as to whether the activity of operation of ready-mix concrete is a natural activity and merely a commercial activity. Though much effort is not required to answer this issue even on the basis of the concept of industrial activity and commercial activity vis-a-vis the question as to whether there is irreversible change of the status of the WPC.27323/08 Page numbers commodities which go into the making of the ready-mix concrete, it is appropriate that the said issue is first addressed by the Electricity Regulatory Commission rather than to be taken up for decision by this Court at the first instance. Under such circumstances, preserving the status quo as available on the basis of the interim order in force, the parties are relegated to the Kerala State Electricity Regulatory Commission requiring the Board to make appropriate reference to the Commission within a period of three weeks from now, so that the Commission can make an early endeavour to decide on the issue. To expedite matters, the parties are directed to mark their appearance before the Kerala State Electricity Regulatory Commission on 27.4.2009 so that the Commission could appropriately fix the date of hearing to expedite final disposal. The Commission would make an endeavour to decide the issue within a period of two months from the date of appearance. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.27/3.