IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 13454 of 2007(B) -------------------------------------- PETITIONER(S): ---------------------- 1. CASHEW MANUFACTURERS & EXPORTER'S ASSOCIATION REG.NO.Q.114/93,HAVING ITS REGISTRED OFFICE AT NETHAJI NAGAR-7, PANKAJA SADANAM,KOLLAM 691 002- REP. BY ITS SECRETARY. 2. JAYAPRAKASH,PROPRIETOR, M/S.PRAKASH CASHEW COMPANY,PARUTHANPARA, KARUVELIL P.O., EZHUKONE, KOLLAM 691 505. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT,MINISTRY OF POWER, SECRETRIAT,THIRUVANANTHAPURAM. 2. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY,VYDYUTHI BHAVANAM, THIRUVANANTHAPURAM. 3. THE REGISTRAR,THE APPELLATE AUTHORITY FOR ELECTRICITY, SCOPE COMPLEX,LODHI ROAD, NEW DELHI. 4. THE ASSISTANT ENGINEER,KERALA STATE ELECTRICITY BOARD,ELECTRICAL CIRCLE,EZHUKONE. 5. THE KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS SECRETARY-30, PARAMESWARA BHAVAN, BELHAVEN GARDENS,KOWDIAR P.O. THIRUVANANTHAPURAM 695 03. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SG FOR R1 ADV. SRI.C.K.KARUNAKARAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 13454/2007-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 22/11/2006 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND PETITIONER PERTAINING TO CON. NO.11417. EXT.P2: COPY OF THE BILL DATED 22/11/2006 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND PETITIONER PERTAINING TO CON. NO.11417. EXT.P3: COPY OF THE ORDER DATED 11TH AUGUST 2006 IN PETITION TP NO.19(2) OF THE FIFTH RESPONDENT. EXT.P4: COPY OF THE JUDGMENT DATED 28/11/2005 IN WA NO.1365 OF 2003 OF THIS HONOURABLE COURT. EXT.P5: COPY OF THE PETITION DATED NIL FILED BY THE SECOND RESPONDENT BEFORE THE FIFTH RESPONDENT PETITION TP NO.19(2). EXT.P6: COPY OF THE JUDGMENT DATED 3RD JANUARY 2007 IN W.P.(C). NO. 34562 OF 2006 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE RELEVANT PORTION OF NOTIFICTION DATED 22ND JANUARY 2007 ISSUED BY THE FIRST RESPONDENT (PAGES 42, 50, 51, 58 OF THE GAZETTE OF INDIA, EXTRAORDINARY (PART II-SECTION 3(i). EXT.P8: COPY OF THE CHECKLIST PUBLISHED IN THE OFFICIAL SEB SITE OF THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.13454 of 2007 ---------------------------------------------- Dated 5th November, 2008. J U D G M E N T In the matter of consideration of the appeal filed by the petitioners, there is already an interim order dated 24.4.2007. The writ petition is disposed of in terms of the said interim order. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.13454 of 2007 ---------------------------------------------- J U D G M E N T Dated 5th November, 2008.