IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Con.Case(C).No. 1658 of 2007(S) -------------------------------------------- AGAINST THE JUDGEMENT IN WA.2438/2007 DATED 29.10.2007 .................... PETITIONER/1ST RESPONDENT IN WA & PETITIONER IN WP: --------------------------------------------------------------------------------------- M/S. KERALA SPONGE IRON LTD., 12/1324 (19), II FLOOR, ASR PLAZA, PRIYADARSINI ROAD, PALAKKAD, REPRESENTED BY ITS GENERAL MANAGER, MR. SHAJI K.ZACHARIA. AGED 49, S/O.K.C.ZACHARIAH. BY ADV. SRI.JOSEPH KODIANTHARA SRI.TERRY V.JAMES RESPONDENTS/APPELLANTS IN WA & RESPONDENTS IN WP: ----------------------------------------------------------------------------------------- 1. MR. A.G. BHADRAN, AGED 56 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER MEMBER-SECRETARY (TRANSMISSION & DISTRIBUTION), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. MR. SHREERAM, AGED 35 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, KANJIKODE,PALAKKAD 3. MR. RAMAKRISHNAN, AGED 53 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, PALAKKAD. - 2 - 4. MR. RAMESH BABU, AGED 45 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, KAPATHY, PALAKKAD. 5. M.R PREMKUMAR, AGED 52 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, OLAVAKODE. 6. MR.M.K.VENU, AGED 52 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD, PALAKKAD. 7. MR. ASHOKAN, AGED 51 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, CHIEF ENGINEER, ELECTRICAL DIVISION NORTH, KERALA STATE ELECTRICITY BOARD, KOZHIKODE. 8. MR. AJAYAKUMAR, AGED 35 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, MALAMPUZHA. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ Cont. Case (C) No.1658 of 2007 ------------------------------------------ Dated, this the 22nd day of February, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner in W.P.(C) No.32223 of 2006 is the complainant before us in this contempt petition. It alleges that the respondents have wilfully and deliberately disobeyed the orders and directions issued by this Court. (2) Notice of this contempt petition was ordered to be issued and served on the respondents. They have entered appearance through their learned counsel, Sri.C.K.Karunakaran. (3) The respondent Kerala State Electricity Board has filed a statement before this Court. The said statement reads as under: “1. This Hon'ble Court had, on 20.2.2008, directed me to ascertain and submit before this Hon'ble Court as to whether the KSEB would be in a position to supply power to the Petitioner to effect a trial run for a period of one week starting from this Sunday (24.2.08). 2. In this connection I had sought for instructions from the KSEB and under those instructions, I respectfully make the following submissions: i. The KSEB has been unable to provide power to the Petitioner due to the severe shortage of power in the State. The precarious situation in this regard has already been submitted before this Hon'ble Court in the counter affidavit submitted by the Respondents. ii) the already bad situation has been worsened due to the onset of summer and the reduction in the central allocation to Cont.Case (C)No.1658 of 2007 2 the State. Therefore the KSEB is not in a position at present to add any heavy load consumers to the system till the position improves. iii. However in deference to the wishes of this Hon'ble Court, and also considering the fact that without power, the orders dated 3.1.2008 passed by the learned single judge in WPC 17378 of 2007 on trial run will not be able to be put into effect, the KSEB is willing to make the following arrangement: a. the KSEB will provide temporary power connection to the Petitioner starting Sunday, the 24th of February for a 7 (seven) day trial run, by rationalizing power supply to other regions. b. However such supply will not be available between 6.00 pm and 10 pm due to peak hour restrictions and due to non availability of power during these hours. During peak hours the Petitioner will have to arrange for power through captive generation. c. power provided for trial run would be charged the tariff applicable to temporary connection. d. the temporary connection would be disconnected once trial run is over or at the end of seven days from Sunday (24.2.2008), whichever is earlier. e. the providing of temporary connection should not be used by the Petitioner as a basis or ground for claiming permanent connection till the power position improves in the State and until the system improvement measures currently being undertaken in Palakkad are completed. Cont.Case (C)No.1658 of 2007 3 3. The above submissions are made with utmost respect to this hon'ble Court and in deference to the sentiment expressed by this Hon'ble Court and not because the power position or present system constraints permit such providing of temporary connection. 4. I respectfully submit that in view of the above, in consideration of the prevailing facts, and in the interest of justice, this Hon'ble Court may be pleased to pass appropriate orders on the oral request of the Petitioner made before this Hon'ble Court for grant of temporary connection for a period of one week to effect trial run.” (4) Sri.Joseph Kodianthara, learned counsel appearing for the complainant would submit that by placing the statement of the respondent on record this contempt proceedings can be closed. (5) Therefore, placing on record the statement filed by the respondent, this contempt proceedings is dropped for the present. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns