IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 OP.No. 34752 of 2001(K) ----------------------- PETITIONER: ------------------ SUNDARAVELRAJ CHEMICALS (P) LTD., KANNAMPULLY, KOOTALA P.O., PALAKKAD DISTRICT REPRESENTED BY ITS PUBLIC RELATIOS MANAGER, PRH SUBRAMANIAN. BY ADV. SRI.PKM.HASSAN SRI.FIROZ K.ROBIN RESPONDENTS: ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM JUNCTION, TRIVANDRUM-4. 2. THE SPECIAL OFFICER; (REVNUE), K.S.E.B, -DO- -DO- 3. THE DY. CHIEF ENGINEER (ELECTRICAL NORTH), VYDYUTHI BHAVA, T.D.ROAD, PALAKKAD. 4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPT. OF POWER, STATE SECRETARIAT, TRIVANDRUM-1. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R.1TO4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.56752/01 IN OP.NO.34752/2001 ---------- Dismissed 13/1/2009 Sd/- HARUN-UL-RASHID, JUDGE.' APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE G.O.(MS)NO.4/92/PD DTD. 6/2/92. EXT.P2 TRUE COPY OF THE B.OP.NO.559/92/PLG.COM. DTD. 27/3/92. EXT.P3 TRUE COPY OF THE G.O.(MS) NO.71/90/ID DTD. 21/5/90. EXT.P4 TRUE COPY OF THE POWER ALLOCATION LETTER NO.TSI/PA/14/94/95/6770 DTD. 1/3/95. EXT.P5 TRUE COPY OF THE LETTER NO.TSI/PA14/UNDARVELRAJ/94-95/5490 DTD. 1/12/95 ISSUED BY THE CHIEF ENGINEER. EXT.P6 TRUE COPY OF THE CERTIFICATE NO.DB/HT/96-97 DTD.1/4/96 ISSUED BY THE ASST.EXECUTIVE ENGINEER, ALATHUR. EXT.P7 TRUE COPY OF THE ORDER NO.HTB22/2261/1309 DTD. 24/9/96 ISSUED BY THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF THE COMMUNICATION NO.DB:3/POWERCUT/97-98/877 DTD. 17/6/97. EXT.P9 TRUE COPY OF THE COMMUNICATION NO.DB: 3/POWERCUT/97-98/1013 DTD. 14/7/97. EXT.P10 TRUE COPY OF THE B.O.NO.2785/97/PLG.COM./2920/96 DTD. 12/12/97 ISSUED BY THE IST RESPONDENT. EXT.P11 TRUE COPY OF THE G.O.MS.NO.26/99/PD DTD. 26/10/1999. EXT.P12 TRUE COPY OF THE B.O.NO.2261/2000 (PLG.COM.)3834/99 DTD. 6/9/2000. EXT.P13 TRUE COPY OF THE PROCEEDINGS DTD. 25/7/98 OF THE CHIEF ENGINEER (THERMAL & COMMERCIAL). EXT.P14 SERIES: TRUE COPY OF THE MONTHLY BILLS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER FOR THE MONTHS OF 9/97, 10/97 & 11/97. HARUN-UL-RASHID,J. --------------------------- O.P.NO.34752 OF 2001 ---------------------------- DATED THIS THE 13TH DAY OF JANUARY, 2009 JUDGMENT Petitioner claims extension of concession of electricity tariff and exemption from payment of electricity duty and maximum demand for a period corresponding to and commensurate with the period during which the power cut was imposed on him by virtue of peak load restriction and insistence on payment of electricity charges at EREB rates for 30% of the consumption of the electricity and other ancillary reliefs. 2. Petitioner is a Manufacturing Company engaged in the production of Potassium Chloride and is a registered Small Scale Industrial Unit. According to him, Exts.P1 and P2 are the notifications issued by the Government of Kerala and the Kerala State Electricity Board respectively regarding Pre-92 tariff. By Ext.P7 order the benefit under Ext.P2 was extended to the petitioner for the period from 8/12/1995 to -2- O.P.No.34752/2001 7/12/2000. Ext.P11 is the order passed by the Government of Kerala granting extension of the period of supply of power on Pre-92 tariff to the eligible Industrial Units covered under G.O. (MS) No.4/92/PD dated 6/2/1992 which suffered power cut of 50% or more for such period when power cut was in force. Ext.P12 is the order passed by the K.S.E. Board adopting Ext.P11 Government Order. 2. The learned counsel for the petitioner submitted that the petitioner is entitled to extension of 493 days on the basis of Exts.P11 and P12 orders. This Court by an interim order dated 21/11/2001 granted stay on condition of payment of 75% of the demand made against the petitioner. It is also submitted that the said amount was duly paid. The question whether the petitioner is entitled to the benefit under Exts.P11 and P12 orders shall be re- examined in the circumstances stated above. 3. The petitioner shall file a detailed representation stating the necessary facts before the K.S.E. Board within a -3- O.P.No.34752/2001 period of one month from today and on receipt of such representation, if any, the 1st respondent-Board shall consider the same and take a decision finally, after affording an opportunity of being heard to the petitioner. The interim order passed by this Court shall continue, till a final decision is taken in the matter by the Board. Original Petition is disposed of as above. No order as to costs. Sd/- HARUN-UL-RASHID, Judge. kcv. -4- O.P.No.34752/2001 ` HARUN-UL-RASHID, J. -------------------------- O.P.NO.34752 OF 2001 -------------------------- JUDGMENT 13TH JANUARY, 2009