IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 1057 of 2009(A) -------------------------------------------- PETITIONER(S): ---------------------- HI-TECH ELECTROTHERMICS PVT.LTD, INDUSTRIAL DEVELOPMENT AREA, MUPPATHADAM.P.O, ALUVA.REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, POWER DEPARTMENT,THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY,VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. SPECIAL OFFICER(REVENUE),KERALA STATE ELECTRICITY BOARD,VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE TAHSILDAR,(REVENUE RECOVERY),NORTH PARAVUR,ERNAKULAM. 5. VILLAGE OFFICER,KADUNGALOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. R1, R4 & R5 BY GOVERNMENT PLEADER SHRI C.K. GOVINDAN ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 1057 OF 2009 A -------------------------------------- Dated this the 20th January, 2009 JUDGMENT Case of the petitioner, in brief, is as follows: Petitioner is a consumer of electricity. But, the supply was disconnected on 8.12.2004 alleging arrears. It is the further case of the petitioner that the petitioner was ready to settle the arrears. But, ignoring Ext.P2 Judgment as per which it was ordered that the petitioner will also get the benefit of reduction of interest as directed in the Judgment in OP No.36048/00, the third respondent demanded the arrears with interest at the rate of 24 per cent. Thereafter, this Court vide Ext.P5 Judgment permitted the petitioner to clear the amount in instalments which the petitioner has complied with. It is stated that if the interest is calculated at the rate of 12 per cent, the petitioner has remitted an excess amount of Rs.8,88,870/= as on 31.12.2008. Thereafter, Ext.P9 letter was issued by the third respondent by which the petitioner was to pay 1/3rd of a further amount of WPC.1057/09 A 2 Rs.30,92,246/=. It is stated that including the remittance on 31.12.2008, the petitioner has remitted a total amount of Rs.1,20,98,176/=. Petitioner has addressed Ext.P10 objection. I heard the learned standing counsel also. Learned standing counsel would point out that a decision can be ordered to be taken on Ext.P10. In such circumstances, the Writ Petition is disposed of directing the third respondent to consider and take a decision on Ext.P10 in accordance with law, within a period of two weeks from the date of receipt of a copy of this Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge