IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WA.No. 1637 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19494/2004 Dated 08/12/2010 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL CENTRAL CIRCLE, NADAKAVU, KOZHIKODE. 2. THE ASSISTANT ENGINEER, ELECTRICAL SUB SECTION, NADAKAVU, KOZHIKODE. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE MR.T.R.RAJAN, SC RESPONDENT(S): PETITIONER ------------------------- SUDHA PREM KUMAR, PROPRIETRIX, PHOTOTECH, BANK ROAD, KOZHIKODE - 673001. ADV. SRI.K.I.MAYANKUTTY MATHER FOR R THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. No.1637 of 2011 .................................................................... Dated this the 7th day of December, 2011. J U D G M E N T Ramachandran Nair, J. The short question raised in the Writ Appeal filed by the KSEB is as to whether the respondent was rightly declared eligible for LT-IV industrial tariff by the learned Single Judge even though they have a counter facility for sales. 2. We have heard learned Standing Counsel for the KSEB. 3. On going though the judgment, what we notice is that photo colour printing unit is eligible for LT-IV tariff, which is for industrial purpose. Even though sales by itself should go under commercial tariff, in this case essentially the respondent is an industry eligible for LT-IV tariff. The only reason for applying LT-VIIA commercial tariff is that they have a sales outlet in the same premises. We do not think the small power consumption in the sales counter will alter the nature of W.A.No.1637/2011 2 the connection from industrial to commercial. Consequently, we see no merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg