IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34494 of 2008(F) ----------------------------------------------- PETITIONER(S): --------------------- P.M.MATHEW, PROPRIETOR,PARAYIL EXPORTS, NARIANGANAM PO, PALA, KOTTAYAM DISTRICT. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD VUDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN. 2. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION, RAMAPURAM, KOTTAYAM DISTRICT. 3. ASSISTANT ENGINEER ELECTRICAL SECTION,ELECTRICITY BOARD, BHARANAMGANAM,PALA. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 34494 OF 2008 F -------------------------------------- Dated this the 26th November, 2008 JUDGMENT Petitioner is aggrieved by Ext.P4. Ext.P4 is a Bill calling upon the petitioner to pay Rs.3,25,883.33. Apparently, this is on the basis of Ext.P5. As per Ext.P5, going by the decision of the Kerala State Electricity Regulatory Commission, the LT consumers engaged in freezing and cold storage activity will come under LT-VII(A) Commercial Tariff. Seafood processing Units in HT Category will come under HT-IV Commercial Category. Likewise, Seafood processing units in Low Tension will come under LT-IV Industrial Category. According to petitioner, petitioner is carrying on an industrial activity of manufacturing processed food items and he is having a freezing plant and for that reason, he cannot be brought under the category of “Milk Chilling Plant”. 2. Petitioner has a remedy of approaching the Consumer Grievance Redressal Forum. In such circumstances, the Writ WPC.34494/08 F 2 Petition is disposed of as follows: If the petitioner approaches the Consumer Grievance Redressal Forum, Ernakulam within a period of ten days from today, the said Authority will consider the matter with opportunity of hearing to the petitioner and take a decision in accordance with law, within six weeks thereafter. In view of Ext.P4 demand, it is ordered that there will be no disconnection pursuant to the same on condition that the petitioner pays a sum of Rs.2,25,000/= (Rupees Two Lakhs & Twentyfive Thousand) immediately. The payment will be subject to the result of the decision taken by the Authority. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge