IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 2593 of 2009(H) ------------------------- PETITIONER(S): --------------- M/S.K.K.PLASTICS,INDUSTRIAL DEVELOPMENT AREA,ERUMATHALA.P.O,ALUVA,REP:BY ITS MANAGING PARTNER, K.K.IBRAHIM. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP: BY ITS SECRETARY TO POWER DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD REP: BY ITS SECRETARY,VYDHUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER,KSEB, ELECTRICAL CIRCLE,PERUMBAVOOR. 4. THE EXECUTIVE ENGINEER,KSEB,ELECTRICAL DIVISION, ALUVA. 5. THE ASSISTANT EXECUTIVE ENGINEER,KSEB, ELECTRICAL SUB DIVISION, ALUVA. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2 TO 5 GOVERNMENT PLEADER MR.BEJOY CHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 2593 OF 2009 H ```````````````````````````````````````````````````` Dated this the 18th day of February, 2009 J U D G M E N T Petitioner is a consumer of electrical energy. He applied for enhancement of power allocation which was granted by Ext.P1. The agreement was forwarded to the 3rd respondent for execution. Thereupon, he was served with Ext.P5 notice asking to clear the arrears stated in Ext.P4 letter or state the reason for the pendency to proceed further with the enhancement of contract demand. According to the petitioner, the grounds stated in Ext.P4 is pending in appeal before the Deputy Chief Engineer. It is pointed out that the petitioner has remitted one half of the amount for filing the appeal and there is no amount legally due. 2. I heard learned counsel for the petitioner and learned standing counsel for KSEB. The learned standing counsel points out that if the petitioner provides bank guarantee for the balance amount, the 3rd respondent will provide power allocation on condition that the petitioner will deposit additional cash deposit and connection charges. WPC.2593/09 : 2 : In the light of the stand taken by the learned standing counsel, writ petition is disposed of recording the same and it is ordered so. There will be a direction to the Deputy Chief Engineer, APTS, Aluva, before whom the appeal filed by the petitioner is pending, to consider and take a decision in the matter within one month from the date of receipt of a copy of this judgment. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE