IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 5623 of 2010(C) ------------------------- PETITIONER: --------------- BHARAT SANCHAR NIGAM LTD., REPRESENTED BY GENERAL MANAGER (OPERATION), O/O.THE PRINCIPAL GENERAL MANAGER, ERNAKULAM, ON BEHALF OF THE CHIEF GENERAL MANAGER, BSNL, KERALA CIRCLE. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY POWER DEPARTMENT, GOVERNMENT OF KERALA, KERALA STATE. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY CHAIRMAN, VYDYUDHI BHAVAN, TRIVANDRUM. 3. ASSISTANT EXECUTIVE ENGINEER, APTS, KSEB, KOTTAYAM. 4. SUB ENGINEER, KSEB, TOWN SECTION, ALUVA, ERNAKULAM DISTRICT. 5. ASSISTANT ENGINEER, ELECTRICAL SECTION ALUVA TOWN, ERNAKULAM DISTRICT. 6. SUB ENGINEER, ELECTRICAL SECTION KSEB, AYROOR, PATHANAMTHITTA. 7. ASSISTANT ENGINEER, ELECTRICAL SECTION KSEB, AYROOR, PATHANAMTHITTA. 8. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KSEB, PATHANAMTHITTA. R2 TO R8 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R1 BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 5623 OF 2010 ......................................................................... Dated this the 10th March , 2010 J U D G M E N T The petitioner has approached this Court mainly seeking for a direction to the second respondent/Board to direct the field officers not to include 'SMPs' while calculating the connected load till a decision is taken by the High Power Committee constituted to decide the dispute. Consequential reliefs are also prayed for, including not to disconnect the electricity supply provided to the installations of the petitioner. 2. The learned Standing Counsel appearing for the respondent Board submits that the first prayer raised by the petitioner is not liable to be granted as such, in view of the fact that, by virtue of clarification issued by the Regulatory Commission, the respondent Board is liable to include 'SMPs' as well for calculating the connected load. The learned Standing Counsel submits that the issue can be caused to be referred to the High Power Committee for final orders and that no disconnection will be effected till such final orders are passed. 3. The learned Government Pleader for the first respondent W.P.(C) No. 5623 OF 2010 2 submits that the Chief Secretary of the State is the Convenor of the High Power Committee already constituted. 4. In the said circumstances, the second respondent is directed to forward the grievance projected by the petitioner to the first respondent within two weeks from the date of receipt of a copy of the judgment, on which event, further consequential steps shall be taken by the concerned respondent to cause it to be considered by the High Power Committee already constituted by the State. On receipt of such reference, the dispute shall be caused to be finalised, after giving an opportunity of hearing to all concerned, as expeditiously as possible, at any rate within three months from the date of receipt of such reference. It is made clear that till finalisation of the proceedings as above, all further coercive steps stated as being pursued against the petitioner shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk