IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30686 of 2009(E) -------------------------- PETITIONER(S): --------------- M/S. ACCEL TRANSMATIC LTD., 17/27, JAGATHY, THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH SRI.V.S.SHIRAZ BAVA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUTHIBHAVANAM, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CONSUMER GRIEVANCE REDRESSAL FORUM, (S REGION), KERALA STATE ELECTRICITY BOARD, VYDHYUTHIBHAVANAM, KOTTARAKKARA, REPRESENTED BY ITS CHAIRMAN. 3. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KAZHAKKUTTAM, THIRUVANANTHAPURAM. ADV.P.P.THAJUDEEN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.30686 of 2009 ================== Dated this the 29th day of October, 2009 J U D G M E N T The petitioner is a company engaged in computer animations software business. They have an electricity connection. They originally enjoyed tariff under LT-IV (Industrial). After an inspection by the Anti Power Theft Squad on 22.8.2009, the tariff was changed to LT-VIIA (Commercial). The petitioner submits that this has been done on the ground that the petitioner's unit is a cinema studio, which, according to the petitioner, is patently incorrect. In support of his contention, the petitioner relies on the decision of the Supreme Court in Commissioner of Customs, Chennai v. M/s.Penta Media Graphic Ltd. [2006 (9) SCC 502], in which, the Supreme Court has held that motion capture animation files are information technology software, which would make the petitioner's business, which is similar to the same, only an industrial activity which would attract electricity charges only under LT IV-A (industrial) tariff. The petitioner has filed Ext.P5 complaint before the Consumer Grievance Redressal Forum, Kottarakara, against the action of the respondents in issuing Ext.P4 order in this regard. But in the meanwhile, the petitioner has been served Ext.P7 bill in respect thereof. The petitioner submits that along with Ext.P5 appeal, the petitioner has also filed Ext.P6 petition for stay. But 2 unfortunately, the Forum is not sitting in view of the impending retirement of the Chairman of the Forum on 31.10.2009. The petitioner, therefore, seeks the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ or order quashing Ext.P4 and P7. ii) Issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to consider and pass appropriate order on Ext.P5 compliant, iii) Issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent not to disconnect the power supply to the petitioner for non payment of the amount demanded in Ext.P4 order and also to permit the petitioner to pay the regular monthly charges including that covered by Ext.P7, on the basis of the average charges actually remitted by the petitioner for the period prior to six months from August, 2009. iv) Pass such other orders which this Honourable Forum may deem fit in the facts and circumstances of the case. 2. I have heard the learned standing counsel appearing for the KSEB also. 3. I am of opinion that the petitioner should not be prejudiced because the Forum is unable to consider the petitioner's application for stay. In the above circumstances, this writ petition is disposed of with the following directions: The 2nd respondent-Forum is directed to consider and pass orders on Ext.P6 petition for stay filed by the petitioner as expeditiously as possible at any rate within three months from the date of receipt of a certified copy of this judgment. Till orders are passed on Ext.P6, the petitioner shall be allowed to continue to pay electricity charges as 3 applicable to LT IV (Industrial). The said order would be applicable to Ext.P4 also. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge