IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 15639 of 1998(J) ----------------------- PETITIONER: ------------ S..V.A STEEL RE-ROLLING MILLS LTD., NALEPILLY VILLAGE, NATTUKAL P.O., PALAKKAD REP. BY ITS DIRECTOR, R. ELANGOVAN. BY ADV. SRI.K.SRIKUMAR RESPONDENTS: ------------- 1. THE KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, TRIVANDRUM. 2. THE SPECIAL OFFICER (REVENUE), OFFICE OF THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KSEB, TRIVANDRUM. 3. THE CHIEF ENGINEER (COMMERCIAL & THERMAL), KSEB, TRIVANDRUM. BY ADV. SRI.R.K.VENU NAYAR SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.27797/1998 IN OP.NO.15639/1998-J DISMISSED 25.0.108. SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ORDER NO.HTB 29/2965/761 DTD 13.2.97. EXT.P2 COPY OF THE NOTIFICATIN NO.71/90/ID DTD 21.5.90. EXT.P3 COPY OF THE INVOCIE NO.21468 DTD 7.4.98. EXT.P4 COPY OF THE INVOICE NO.17093 DTD 15.5.98. EXT.P5 COPY OF THE APPEAL MEMORANDUM DTD 20.4.98. EXT.P6 COPY OF THE APPEAL MEMORANDUM DTD 25.5.98. EXT.P7 COPY OF THE ORDER DTD 25.7.98. EXT.P8 COPY OF THE ORDER DTD 25.7.98. EXT.P9 COPY OF THE NOTICE NO.HTB 29/2965/459 DTD 6.8.98 /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.15639 OF 1998-j -------------------------------------------------------------- Dated this the 25th day of January, 2008. JUDGMENT The learned Standing Counsel for the Kerala State Electricity Board submits that the issue raised in this original petition is squarely covered against the petitioner by the decision of a Division Bench of this Court in O.P.No.9480 of 1988. A Division Bench of this Court has in the said decision, upheld the levy of tariff as per the Kerala State Electricity Board's order dated 12.12.1997. In the instant case also, the order of the Board passed on 12.12.1997 is not under challenge. Hence, following the decision in O.P.No.9480 of 1988, I dismiss this original petition. 2. The learned counsel for the petitioner prayed that the petitioner may be permitted to pay the disputed bill amount in instalments. The learned standing counsel for the Electricity Board did not seriously oppose the said request. 3. Having regard to the fact that the original petition was pending in this Court for more than 8 years and an order of stay O.P.NO.15639/1998 . 2 was in force, I permit the petitioner to pay the amount covered by the bills involved in this original petition in three equal monthly instalments commencing from March, 2008 onwards. The arrears payable under the bills disputed in this original petition shall be paid in the months of March, April and May , 2008 along with the monthly bills together with interest at the applicable rates. If the petitioner defaults payment of the arrears as directed herein, the respondents will be free to recover it in lump. P.N. RAVINDRAN, JUDGE. cl O.P.NO.15639/1998 . 3 P.N. RAVINDRAN, J. O.P.NO.15639 OF 1998-j JUDGMENT 25th of January, 2008.