IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 8800 of 2008(V) ------------------------- PETITIONER: ------------- AMEENA ENTERPRISES PVT.LTD. CHANDROOR, REP. BY ITS MANAGING DIRECTOR ABDUL AZEEZ, AMEENA HOUSE, CHANDROOR P.O. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL SRI.V.R.REKESH RESPONDENTS: ---------------- 1. KERALA STATE ELECTRICITY BOARD VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE ERNAKULAM. 3. THE ASSISTANT ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION AROOR, ALAPPUZHA. 4. KERALA STATE ELECTRICITY REGULATORY COMMISSION, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN. R1 TO R3 BY SRI.P.P.THAJUDEEN, SC, KSEB. R4 BY SRI.T.K.KUNJABUDALLA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHANAN, J. ----------------------------------------------- W.P.(C) No. 8800 OF 2008 ----------------------------------------------- Dated this the 14th day of March, 2008 JUDGMENT Heard learned counsel for the petitioner and the learned Standing Counsel for respondents 1 to 3 and learned Standing Counsel for the 4th respondent. Without expressing anything on the merits of the claim in Ext.P5, this writ petition is disposed of relegating the petitioner to the 4th respondent for a consideration and disposal of Ext.P5 as expeditiously as possible. However, having regard to the nature of the contentions of the petitioner, there will be an interim order that the levy of charges from the petitioner will be at industrial tariff, LTIV only. The Regulatory Commission shall take a decision on the aforesaid issue. Such payment will be only on a provisional basis and the Board will be entitled to raise demands under LT VII A and insist payment under LTIV to avert distress action. The Regulatory Commission shall dispose of the matter within an outer WPC No. 8800 OF 2008 2 limit of four months from the date of receipt of a copy of this judgment. It is needless to say that the petitioner will be afforded an opportunity of being heard. THOTTATHIL B. RADHAKRISHANAN, JUDGE ttb WPC No. 8800 OF 2008 3