IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 11599 of 2010(Y) -------------------------- PETITIONER(S): --------------- INDUS TOWERS LIMITED (INFRASTRUCTURE SERVICE PROVIDER OF BHARTI AIRTEL LIMITED, VODAFONE ESSAR CELLULAR LIMITED AND IDEA CELLULAR LTD.), 8TH FLOOR, VANKARATH TOWERS, NH BYPASS, PALARIVATTOM, KOCHI 24 REPRESENTED BY ITS DEPUTY GENERAL MANAGER PREMAKRISHNAN NAIR.M.N. BY ADV. SRI.P.SATHISAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, CORPORATE OFFICE (COMMERCIAL & TARIFF), VYDHYUTHIBHAVAN, THIRUVANANTHAPURAM. 3. KERALA STATE ELECTRICITY REGULATORY COMMISSION, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. SC SRI.PP.THAJUDEEN SC SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, ALONG WITH WPC NO. 11996 OF 2010 & CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------ W.P.(C)Nos.11599,11996,12520,12523, 12524,12593 OF 2010 ------------------------ Dated this the 8th day of April, 2010 JUDGMENT The issue involved in these cases is rather similar and hence all these cases are being considered together. 2. Coercive steps were pursued earlier, against all the petitioners, by the respondent Board, based on the order dated 7/1/2010 passed by the Regulatory Commission in a petition filed by the KSEB against the BSNL alone. The BSNL preferred a Review Petition before the Regulatory Commission and after considering the facts and circumstances, the Regulatory Commission issued an interim order dated 6/4/2010, informing the concerned officer of the Board, as to the course pursued by the petitioners under Section 94 (2) of the Electricity Act 2003 and extending the period for disconnection (as per paragraph 6 (2) of the order) for a further period of two months. 3. Most of the petitioners have filed similar Review Petitions before the Regulatory Commission and the others intend to file the same. It is also brought to the notice of this Court that WPC Nos. 11599/2010 & others -2- the petitioners before this Court were not heard by the Regulatory Commission when the original order was passed on 7/1/2010, obviously for the reason that the petition was filed by the Board only against the BSNL and as such, the Review Petition was filed by the BSNL who alone is stated as benefited by the interim order dated 6/4/2010. 4. Heard the learned Standing Counsel appearing for the Board, as well as the learned Standing Counsel for the Regulatory Commission as well. After considering the facts and circumstances, this Court finds considerable force in the submissions made by the learned counsel appearing for the petitioners. The petitioners, who are yet to file Review Petition, are permitted to file the same within two weeks, on which event all the Review Petitions filed by the petitioners shall be considered by the Regulatory Commission along with the Review Petition stated as filed from the part of the BSNL and appropriate orders shall be passed after giving an opportunity of being heard to all concerned. The matter shall be finalised by the Regulatory Commission, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Till WPC Nos. 11599/2010 & others -3- such time, all further coercive steps stated as being pursued against the petitioners shall be kept in abeyance. The Writ Petitions are disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. dpk