IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 OP.No. 11498 of 2002(R) ------------------------------------ PETITIONERS: ---------------------- 1. CHELOOR TOWERS APARTMENT OWNERS' ASSOCIATION, CHELOOR TOWERS, P&T QUARTERS ROAD, POOTHOLE, TRISSUR - 4, REPRESENTED BY ITS PRESIDENT, PURUSHOTHAMAN NAIR. 2. CHERUNNI, S/O. C.C.KUNJU VAREED, APARTMENT/FLAT NO.15 H, CHELOOR TOWERS, P&T QUARTERS ROAD, TRISSUR - 4. BY ADV. SRI.SREELAL N.WARRIER SMT.SILVI JOSEPH SRI.M.M.VINOD KUMAR RESPONDENT: ------------------------ TRICHUR MUNICIPAL CORPORATION REPRESENTED BY THE ASSISTANT COMMISSIONER, ELECTRICITY DEPARTMENT, TRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION SRI.LELLULAL T.G.THUNDATHIL SRI.K.A.SREEJITH SRI.SURESH SAMUEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.19998/2002 IN O.P.NO.11498/2002 R DISMISSED 31/03/2008 SD/- T.R. RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: LETTER OF SUBMISSION GIVEN TO THE RESPONDENT DTD. 19/11/01. EXT.P2: ACKNOWLEDGEMENT ISSUED BY THE RESPONDENT FOR RECEIPT OF 31 APPLICATIONS DTD. 19/11/01. EXT.P3: CONSUMER INSTALLATION COMPLETION REPORT IN RESPECT OF BUILDING NO.19/261/106 IN THE NAME OF 2ND PETITIONER DTD. 17/11/01. EXT.P4: RECEIPT ISSUED TO THE 2ND PETITIONER FOR PAYMENT OF SERVICE CONNECTION CHARGES (SCC) AND SECURITY DEPOSIT (SD) DTD. 19/01/02. EXT.P5: SANCTION MEMO ISSUED IN RESPECT OF BUILDING IN THE NAME OF THE 2ND PETITIONER DTD. 29/01/02. EXT.P6: BILL NO.272409 AND DEMAND CUM DISCONNECTION NOTICE FOR RS.71,492.00 DTD. 08/02/02. EXT.P7: REPRESENTATION SENT BY THE 1ST PETITIONER ASSOCIATION TO VARIOUS AUTHORITIES AGAINST NON-RECEIPT OF ELECTRIC CONNECTION DTD. 25/03/02. EXT.P8: REPRESENTATION GIVEN TO THE RESPONDENT REQUESTING FOR CONVERSION TARIFF FROM LT-VII (COMMERCIAL) TO LT-1 (DOMESTIC) FOR THE ENERGY CONSUMED DTD. 08/04/02. EXT.P9: BILL NO.115206 AND DEMAND CUM DISCONNECTION NOTICE FOR RS.84,149.56 DTD. 09/04/02. /TRUE CO PY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------- O.P. No. 11498 of 2002 --------------------------------- Dated, this the 31st day of March, 2008 J U D G M E N T The petitioners are owners/residents of residential appartments in Cheloor Towers. The challenge is against Exts.P6 & P9 bills, which represent the electricity charges based on the tariff at commercial rates. 1st petitioner represents the association of the appartment owners and the 2nd petitioner is the owner of appartment No.15 H in the said towers. 2. As per Ext.P6, demand is for Rs.71,492/-. Disputing the said bill, the petitioners have filed Ext.P7 before the Honourable Minister for Electricity and Ext.P8 before the Assistant Secretary, Electricity Department, Trissur Corporation. Thereafter, they were issued another bill, namely Ext.P9. 3. Learned counsel for the petitioners prayed for a direction to the respondent to consider Ext.P8 representation filed by the petitioners against the assessment of electricity at commercial rates. There would be a direction to the respondent to consider Ext.P8 or any other similar representation pending before it filed by the appartment owners/association/any individual allottees objecting the assessment under the tariff at commercial rate. The O.P.NO. 11498/2002 -2- same shall be done within a period of three months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) jg