IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 12330 of 2006(P) -------------------------- PETITIONER(S): --------------- JASMINE LIYAKATH, ZIANA ICE PLANT AND COLD STORAGE, PURAKKAD P.O., AMBALAPPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, AMBALAPPUZHA, ALAPPUZHA DISTRICT. 2. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, AMBALAPPUZHA, ALAPPUZHA DISTRICT. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, ALAPPUZHA. 4. KERALA STATE ELECTRICITY BOARD, VAIDUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 5. TAHSILDAR, R.R., KARTHIKAPPILLY TALUK, HARIPAD, ALAPPUZHA DISTRICT. 6. VILLAGE OFFICER, HARIPAD VILLAGE, ALAPPUZHA DISTRICT. ADV. SRI.THAJUDEEN, SC, KSEB FOR R1 TO 4 R5&R6 BY G.P. SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF JUDGMENT IN W.P.(C) 32075/05 DT.17.11.2005. P2: TRUE COPY OF BALANCE STATEMENT ISSUED BY R1 FOR THE PERIOD FROM 8/98 TO 10/05. P3: TRUE COPY OF REPLY DT.15.3.06 SENT BY PETITIONER TO R1. P4: TRUE COPY OF REPRESENTATION DT.24.3.06. P5: TRUE COPY OF COMMUNICATION DT.23.3.06 SENT BY R2 TO THE PETITIONER. P6: TRUE COPY OF JUDGMENT IN O.P. 9791/06 DT.30.3.06. P7: TRUE COPY OF DEMAND DRAFT NO.351828 DT.31.3.06 FOR A SUM OF RS.1,40,000/- ISSUED BY CANARA BANK, ALAPPUZHA BRANCH. P8: TRUE COPY OF NOTICE ISSUED U/S.7 OF THE R.R. ACT. P9: .DO. U/S.34 OF THE R.R. ACT. P10: TRUE COPY OF COMMUNICATION DT.17.4.06 SENT BY R2 TO THE PETITIONER DEMANDING A SUM OF RS.1,09,821/-. P11: TRUE COPY OF COMMUNICATION DT.12.5.2006 ISSUED BY R1. P12: TRUE COPY OF COMMUNICATION DT.8.6.05 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. P13: TRUE COPY OF REQUEST MADE BY PETITIONER BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA ON 1.6.06. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.12330 of 2006 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT Order under challenge is only incentive given to the petitioner to restart a closed unit by clearing arrears with interest at half the rate in terms of Government Order. I do not think petitioner can have any grievance against Ext.P10 which is issued for the benefit of the petitioner. The petitioner in fact was permitted by this court to restart the industry and power is restored on part payment. The petitioner has not challenged any demand until Ext.P10 was issued which is nothing but an order granting incentives ordered by the KSEB in terms of Government Order which encourage restarting of closed units on settlement of arrears at concessional rate. I find no substance in the allegation raised by the petitioner in the W.P.(C). It is accordingly rejected. Counsel for the petitioner submitted that after filing of the W.P. petitioner has paid Rs.35,000/- on 9.5.2006 and Rs.70,000/- on 16.8.2006. However, it is seen that payment reckoned in Ext.P10 is only Rs.1,40,000/- paid by the petitioner on 31.3.2006. After reckoning payments already 2 made, petitioner is given time till 30.9.2009 to pay the balance with the same rate of interest as stated in Ext.P10. C.N.RAMACHANDRAN NAIR Judge pms