IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 10497 of 2004(Y) -------------------------- PETITIONER: ------------ WEST COAST IRON AND STEELS, THOTADA, KANNUR, REPRESENTED BY ITS MANAGING PARTNER, SRI. MUKUNDAN NAIR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, TRIVANDRUM 2. THE CHAIRMAN, K.S.E.B., VYDYUTHI BHAVAN, TRIVANDRUM 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KANNUR. 4. THE DEPUTY TAHSILDAR K.S.E.B., (ARREARS COLLECTION II), KANNUR. BY ADV. SRI.KODOTH SREEDHARAN, SC, KSEB FOR R1TO3 SHRI.C.K.KARUNAKARAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10497/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR ELECTRICITY DATED 27/01/2003. P2 : COPY OF THE JUDGMENT IN WPC NO.24774/03 DATED 11/08/2003 BEFORE THIS HONOURABLE COURT. P3 : COPY OF THE ORDER NO.HTB 11/11129/03-04, TVM/1706 DATED 01/12/2003 ISSUED BY THE 1ST RESPONDENT. P4 : COPY OF THE NOTICE OF SALE OF IMMOVABLE PROPERTY DATED 10/02/2004. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 10497 of 2004 --------------------------------- Dated, this the 19th day of September, 2008 J U D G M E N T Petitioner applied for waiver of interest for defaulted payment of Electricity dues. When the issue came up before this Court in the first round in petitioner's own case, this Court vide Ext.P2 judgment held that waiver of interest, if any, has to be based on the norms. Based on the judgment, the Chairman, KSEB declined to grant waiver of interest, which is statutory in nature. It is against this order, petitioner has filed this writ petition a second round. I do not find any merit in the case of the petitioner because all aspects of the matter is covered by Ext.P2 judgment. However, since this Court granted conditional stay, I feel petitioner can be granted waiver of 25% of the interest, which means refixation of interest @ 18% per annum, if petitioner had complied with the interim order dated 25/03/2004, modified vide order dated 07/06/2004, that is by making payment of Rs.2 lakhs before 30/06/2004. If petitioner had paid Rs.2 lakhs in terms of interim order before 30/06/2004, then, 25% of the interest will WP(C) No.10497/2004 -2- stand waived, provided the balance is paid on or before 15/11/2008. However, if petitioner had not made payment as per the interim order before 30/06/2004 or the balance with the reduced rate of interest as above on or before 15/11/2008, the writ petition will stand dismissed. In that case, respondents can recover the entire arrears. (C.N.RAMACHANDRAN NAIR, JUDGE) jg