IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 31222 of 2004(P) --------------------------------------- PETITIONER: ------------------- MOHAMMED RIYAS, MANAGING DIRECTOR, ATBA CRUMB RUBBER (P) LTD., KARUVARAKUNDU P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, ELECTRICITY BOARD, MANJERI. 3. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, WANDOOR. ADV. SRI.KODOTH SREEDHARAN, SC, KSEB SRI. C.K.KARUNAKARAN, SC KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.31222/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MINIMUM GUARANTEE AGREEMENT EXECUTED BETWEEN THE ELECTRICITY BOARD AND THE ERSTWHILE OWNERS OF THE FACTORY DT. 13.7.1989. P2:- COPY OF THE LETTER NO.HTE 21/1039/02 DT. 31.10.02 OF THE 4TH RESPONDENT. P3:- COPY OF THE LETTER NO.DB2/GT/ATBE CONSUMERS/ 2002-03/3392 DT. 20.11.02 OF THE 3RD RESPONDENT. P4:- COPY OF THE ORDER DT. 11.4.03 PASSED BY THIS HONOURABLE COURT IN CMP. 4439/03 IN OP.2439/03. P5:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. NIL. P6:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. NIL. P7:- COPY OF THE COVERING LETTER DT. 30.4.03 SUBMTITED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P8:- COPY OF THE BILL DT. 4.8.04. P9:- COPY OF THE AGREEMENT DT. 13.7.1989. EXECUTED WITH THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.31222 of 2004 ----------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner approached this court with certain grievances regarding the demands made by the respondents in the matter of minimum service guarantee amount, it is submitted. There is already an interim order dated 3-11-2004 directing the second respondent to take a decision on the reduction of the contract demand. It is submitted that the applications have been considered and deduction has been made pursuant to the interim direction, giving only prospective effect. According to the petitioner he is entitled to get the demand reduced from the date of the application. There will be a direction to the second respondent to take a decision with regard to the claim referred to above and in case the petitioner has made an application with the required application fee for reduction of the contract demand, appropriate orders for reducing the demand from that date shall be passed within a period of three months from the date of receipt of a copy of the judgment. The petitioner will also be afforded an opportunity for hearing. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.31222 of 2004 ----------------------------------- JUDGMENT 15th October, 2008