IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 WP(C).No. 12685 of 2009(E) -------------------------- PETITIONER: --------------- M/S MITHUN AGRO OIL (P) LTD., VAZHAKKUNNU, ALOOR P.O., REP. BY ITS MANAGING DIRECTOR, SRI. K.O. ITTOOP. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM. 2. THE ASST. ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, CHALAKKUDY, THRISSUR DIST. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHALAKKUDY, THRISSUR DIST. STANDING COUNSEL FOR KSEB SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J ------------------------------------ W.P(C). No.12685 of 2009-E ------------------------------------- Dated this the 24th day of April, 2009 JUDGMENT The petitioner company is running a small scale industrial unit engaged in the production of edible oil. The electrical connection to the petitioner's concern will come under LT-IV Tariff (Industrial Class) stands in the name of the Managing Director Sri.K.O.Ittop with consumer No.8689 having a connected load of 27 KW. The grievance of the petitioner is that as the allocation power is insufficient to continue the manufacturing process, an application was filed for enhanced power allocation to the tune of 39.314 KW. As the unit is already having allocation of 27 KW, the difference is to be allocated by the respondent for which Ext.P2 application dated 28.11.08 was submitted and the same has not considered so far. 2. I have heard the learned counsel for the petitioner as well as the Standing Counsel for the K.S.E.B. 3. Having regard to the facts and circumstances involved in the case, I am of the view that this Writ Petition can be W.P(C). No.12685 of 2009-E 2 disposed of with a direction to the 3rd respondent to consider Ext.P2 on merits provided no dues is pending towards the Board from the petitioner other than the arrears on the basis of Exts.P3, P6 and P9. 4. In the result, this Writ Petition is disposed of directing the 3rd respondent to take up Ext.P2 application and consider the same on merits after giving an opportunity to the petitioner of being heard and dispose the same within a period of one month from the date of producing a copy of this judgment provided if there is no arrears due from the petitioner to the Board other than on the basis of Exts.P3, P6 and P9. This Writ Petition is disposed of accordingly. (V.K.MOHANAN, JUDGE) rtr/-