IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 25444 of 2010(E) -------------------------------------- PETITIONER: ------------------- TRAVANCORE PAPER MILLS PRIVATE LIMITED, KADUVINAL P.O., VALLIKUNNAM, ALAPPUZHA - 690 501, REPRESENTED BY ITS MANAGING DIRECTOR, DR.K.S.HARILAL. BY ADV. SRI.P.RAMAKRISHNAN. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, THIRUVANANTHAPURAM, PIN: 695 001. 2. THE SPECIAL OFFICER (REVENUE), VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN: 695 001. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE OFFICE, K.S.E.B., KOLLAM, PIN: 691 001. 4. THE ASSISTANT ENGINEER, ELECTRICAL CIRCLE OFFICER, K.S.E.B., KARUNAGAPPALLY NORTH, KOLLAM, PIN: 690 518. R1 TO R4 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.25444 OF 2010 -------------------------------------------- Dated this the 23rd day of September, 2010 JUDGMENT The petitioner is a private limited company engaged in the manufacture of Craft Paper and it has been notified as a sick industry. This Writ Petition has been filed with the prayer to allow the petitioner to pay the amount covered as per Ext.P1, in instalments. The petitioner has yet another grievance and, in fact, the same was ventilated through Ext.P3 representation before the second respondent. As per Ext.P3, the petitioner has requested to adjust the excess amount remitted, towards the amount covered as per Ext.P1. Despite the receipt of Ext.P3 representation, no order has been passed thereon after looking into the grievance of the petitioner. 2. When this matter came up for admission, an interim order was passed on 16.8.2010 requiring the petitioner to pay an amount of Rs.3,00,000/- as against the amount covered as per Ext.P1. In compliance with the same, the petitioner has already paid the said amount. The further prayer of the petitioner is for permission to pay the balance amount W.P.(C) NO.25444/2010 2 covered as per Ext.P1 in instalments. The learned standing counsel for the respondents submitted that on account of the failure on the part of the petitioner to pay off the amount covered as per Ext.P1, the petitioner is liable to pay surcharge as well, in accordance with regulation 23 of the Kerala Electricity Supply Code, 2005. Without going into the merits of the contentions, I think this Writ Petition can be disposed of. Since the petitioner has already complied with the interim order dated 16.8.2010 and paid an amount of Rs.3,00,000/-, the respondents shall permit the petitioner to pay the balance amount covered as per Ext.P1 together with interest and surcharge accrued thereon, in the light of regulation 23 of Kerala Electricity Supply Code, 2005, in three equal instalments. The first of such instalments shall be paid by the petitioner or or before 10.10.2010. The 2nd and 3rd instalments shall be remitted by the petitioner respectively on 1.11.2010 and 1.12.2010. With respect to the further grievance of the petitioner regarding non-consideration of Ext.P3, I am of the view that it is a matter to be looked into by the second respondent. The claim of the petitioner is that already an amount of Rs.1,51,517/- has been remitted in excess, the said amount has to be either refunded or adjusted towards future payment. Since the petitioner has already approached the second W.P.(C) NO.25444/2010 3 respondent through Ext.P3 carrying such prayers, it is only proper for the second respondent to consider and pass orders thereon. This shall be done by the second respondent within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.25444/2010 4 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.25444/2010 5