IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 29419 of 2010(B) -------------------------------------- PETITIONER(S): ----------------------- SAMPO FROZEN FOODS AROOKUTTY FERRY ROAD, AROOR, CHRTHALA TALUK ALAPPUZHA DISTRICT, 688 534, REPRESENTED BY ITS MANAGING PARTNER K.PRABHAKARAN. BY ADV. SRI.N.G.SUNIL SMT.P.JAYA RESPONDENT(S): ------------------------- 1. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, CHERTHALA, ALAPPUZHA DISTRICT. 2. THE ASST. ENGINEER, ELECTRICAL SECTION KERALA STATE ELECTRICITY BOARD, AROOR, ALAPPUZHA DISTRICT. 3. THE DEPUTY CHIEF ENGINEER ELECTRICAL SECTION ,KERALA STATE ELECTRICITY BOARD ALAPPUZHA. 4. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 29419 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2010 J U D G M E N T The petitioner is a partnership firm doing business of producing Ice. It is a consumer of Electricity of LT 4 Tariff. For sometime there was no production at all in the petitioner's factory. However, the 1st respondent fixed a quota for consumption of electricity for industrial units from April 2010 onwards. The petitioner is aggrieved by the fixation of quota based on the bills from May, 2009 to February, 2010, the period during which the unit of the petitioner was closed for major repair work and the consequential fixation of the quota as 3144 units for the petitioner. According to the petitioner with these units he could run his factory only for just 6 days in a month and for consumption in excess of 3144 units he would be charged at the rate of Rs.7.25 per unit as against the normal rate of Rs.3.25 per unit. In the said circumstances, for re-fixation of quota the petitioner has submitted Exts.P13 and P16 representations before the first respondent. Despite the receipt of such applications for re-fixation of the quota, the WPC.29419/2010 : 2 : first respondent did not take any step in the matter. 2. I have heard the learned counsel for the petitioner as also the learned standing counsel. Indisputably, the first respondent is bound to consider the request made by the petitioner as per Exts.P13 and P16. In the said circumstances, without making any observation as to the merits of the contention raised in this writ petition, it is disposed of with a direction to the first respondent to consider and pass orders on Exts.P13 and P16 representations submitted by the petitioner for re-fixation of the quota expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge