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. 5339 of 2009(J) -------------------------------------------- PETITIONER: ------------------ NIRMAL KUMAR JAIN, S/O.LATE PURAMMAL JAIN, PARTNER, MALAPPURAM ROLLER FLOWER MILLS, 351/1 IRUMBUZHI, MALAPPURAM. BY ADVOCATE MR.VINOY VARGHESE KALLUMOOTTIL RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 2. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI, K.S.E.B., MALAPPURAM DISTRICT. 3. THE SPECIAL OFFICER (REVENUE), K.S.E.B. VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 4. ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, MANJERI SOUTH, MALAPPURAM. 5. CHAIR PERSON, CONSUMER GRIEVANCE REDRESSAL FORUM, CALICUT. BY MR. P.P.THAJUDEEN, SC KSEB FOR R1 TO R4 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. 5339 OF 2009 -------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondent Electricity Board. Petitioner is running a Roller Flower Mill. It is stated to be a sick unit. Petitioner challenges Ext.P8 and seeks a direction for disposal of Ext.P7 complaint. The matter relates to fixation of monthly quota. The petitioner relies on Exts.P4 and P5. Ext.P9 would show that the representation of the petitioner also for exemption from the power restriction has been rejected. According to the petitioner, petitioner has filed Ext.P7 before the Consumer Grievance Redressal Forum. It is also pointed out by the learned Standing Counsel that the petitioner has sought enhancement as evident from the statement enclosed with Ext.P9. It is stated that the petitioner is also carrying out the work on behalf of the Civil Supplies Corporation and the petitioner submits that more than 25 WPC NO. 5339 OF 2009 2 persons are employed. In such circumstances, I feel that the petitioner can be given some time to pay the total amount demanded in Ext.P8, upon the petitioner paying 50% of the amount. Accordingly, the writ petition is disposed of as follows. Upon the petitioner paying 50% amount demanded in Ext.P8, the electric connection will be restored to the petitioner. This will be subject to the condition, however, that the petitioner has to pay the balance amount mentioned in Ext.P8 with due interest within a period of three weeks from the date on which the payment of 50% is made. It is made clear that the payment would be subject to any decision as may be taken on the petition for enhancement said to be pending before the Electricity Board. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge