IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 WP(C).No. 37685 of 2008(J) -------------------------- PETITIONER(S): --------------- M/S SOLVAR WIRE (P) LTD., (FORMERLY M/S SOUTHERN ELECTROMAG (P) LTD., 11/538, CHEMICAL INDUSTRIAL ESTATE, AROOR, ALLEPPEY DISTRICT, REP. BY ITS DIRECTOR JIMMY JOSE. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, ALAPPUZHA, 4. CHIEF ENGINEER (COMMERCIAL & TARIFF), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVN, PATTOM, THIRUVANNTHAPURAM. SRI. P.P. THAJUDEEN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37685 OF 2008 ---------------------------------------- Dated this the 23rd day of December, 2008 JUDGMENT The petitioner is a Company which started an industrial unit in the year 1990. Subsequently the Company became sick and therefore unit was forced to stop production with effect from 15.10.2005. Recently, the unit restarted its operation on 3.3.2008. Because of the difficult power situation in the State, the State introduced restriction on use of power, by industrial consumers with effect from 24.7.2008. The monthly quota for each consumer was to be fixed on the basis of the consumption for the month of March 2008. Since the petitioner restarted the unit only very recently the consumption for the month of March 2008 was very low. As a result, the monthly quota was fixed as 810 units. The petitioner took a contention that the petitioner's unit must be considered as a new unit and the quota should be re-fixed as per the clause of the Board order which stipulated that in the case of new units, the quota should be fixed as 250 unit per KVA. The petitioner's request in this regard to the W.P.(c)No.37685/08 2 respondents did not yield any favourable results. The petitioner therefore approached this Court and by Ext.P6 judgment this Court, after holding that the case of the petitioner is not covered by any of the clauses of the relevant board order, directed the Agreement Authority to re-consider the matter. However, the 3rd respondent, who is the Agreement Authority, vide Ext.P9 letter, stated that he is not competent to take a decision in the matter and the matter was forwarded to the 4th respondent. The 4th respondent also now takes the stand that the matter should be decided by the Board. It is under the above circumstances, the petitioner has approached this Court. 2. According to the petitioner, since this Court has by Ext.P6 judgment directed the Agreement Authority to decide the matter, the matter should have been decided by the 3rd respondent himself. 3. I have heard the learned Standing Counsel for the Kerala State Electricity Board also. I am also of the opinion that in the fitness of things, this being a policy matter, should be decided by the Board itself. W.P.(c)No.37685/08 3 4. The learned Standing Counsel for the Board submits that the matter can be decided by the Board within a period of one week. Accordingly, this writ petition is disposed of with a direction to the 1st respondent – Kerala State Electricity Board to decide the issue regarding the monthly power quota to be fixed for the petitioner within a period of one week from today. Till final orders are so passed, coercive proceedings against the petitioner shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.37685/08 4