IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 21540 of 2009(J) -------------------------- PETITIONER(S): ------------------ L.F.HOSPITAL, ANGAMALY, ERNAKULAM, REP.BY ITS DIRECTOR BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------- 1. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE SPECIAL OFFICER(REVENUE) KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, OFFICE OF THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, PERUMBAVOOR,. 4. THE ASSISTANT ENGINEER, ELECTRICAL SUB DIVISION, ANGAMALY. SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 21540 OF 2009 (J) ===================== Dated this the 30th day of July, 2009 J U D G M E N T Delay in considering Ext.P7 application made by the petitioner for additional power allocation of 400 KVA is what is complained of in this writ petition. 2. Petitioner submits that on 4/10/2004, they had applied for increasing the contract demand by 150 KVA. Prior to the said application was made, on 4/11/2005, there was an inspection in the premises of the petitioner conducted by the Anti Power Theft Squad of the Board. That led to the issuance of Ext.P2 mahazar and Ext.P3 penal bill, which was confirmed by the Deputy Chief Engineer. When the application dated 4/10/2004 referred to above was received by the respondents, they by Ext.P1 informed the petitioner that application can be considered only after the amount due under Exts.P2 and P3 is paid. Exts.P2 and P3 were challenged before this Court and by Ext.P4 judgment rendered in WP(C) No.22806/06, the parties were relegated to pursue their grievances before the Kerala State Electricity Regulatory Commission. Proceedings are still pending before the Regulatory WPC 21540/09 :2 : Commission and as in the meanwhile, when the petitioner received Ext.P1, they challenged the said order before this Court by filing WP(C) No.23768/07. That writ petition was disposed of by Ext.P5 judgment directing to allow increase in the contract demand, on the petitioner complying with the formalities and without insisting on the amount due under Exts.P2 and P3 since the issue was pending before the Regulatory Commission. It is stated that though belatedly the judgment was complied with and accordingly Ext.P6 HT agreement was also entered into between the parties. 3. Subsequently, the petitioner made Ext.P7 application for additional allocation of 400 KVA, which requirement arose on the setting up of a Cardiology Department and its incidental facilities. Referring to Exts.P8 and P9, petitioner submits that they had already got the approval of the Chief Electrical Inspector and that all necessary documents have been enclosed to Ext.P7. It is stated that Ext.P7 application is also not considered for the reason that the amount due under Exts.P2 and P3, which dispute is still pending before the Regulatory Commission has not been paid by the petitioner. It is in these circumstances the writ petition is filed praying for a direction to the respondents to WPC 21540/09 :3 : consider and pass orders on Ext.P7, without insisting on payment of the amount due under Exts.P2 and P3. 4. If as stated by the petitioner, dispute regarding their liability to pay the amount claimed under Exts.P2 and P3 is still pending before the Regulatory Commission following Ext.P4 judgment of this Court, that cannot be a reason for not considering Ext.P7 application made by the petitioner. 5. Therefore, the writ petition is disposed of with the following directions. (1) That if Ext.P7 application is complete in all respects and the petitioner has complied with all other requirements for additional allocation of power as sought for in Ext.P7, the 3rd respondent shall consider Ext.P7 on merits, without insisting on the petitioner remitting the amount claimed under Exts.P2 and P3. (2) Orders shall be passed on Ext.P7, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. ANTONY DOMINIC, JUDGE Rp