IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WA.No. 1631 of 2008(D) ---------------------- AGAINST THE JUDGEMENT IN OP.8985/1998 Dated 27/07/2006 .................... APPELLANTS/RESPONDENTS 1,2 & 4: ---------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. SPECIAL OFFICER, (REVENUE), K.S.E.B, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (THERMAL & COMMERCIAL), K.S.E.B VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS/PETITIONER & 3RD RESPONDENT: ------------------------------------------------------ 1. PREMIUM FERRO ALLOYS LIMITED, EDAYAR, BINANIPURAM 682 502, REP. BY ITS MANAGING DIRECTOR, SRI. S.S. AGARWAL. 2. GOVERNMENT OF KERALA, REP. BY THE SECRETARY TO INDUSTRIES (A), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE SMT.MARIAM MATHAI R2 BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1631 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2009 JUDGMENT Basheer, J. This appeal which is at the instance of the Kerala State Electricity Board and its officials is directed against the judgment in OP No. 8985 of 1998 filed by respondent No.1 herein. 2. The learned Single Judge held that since respondent No.1 did not consume electricity exceeding 70% of the base average, it would not be just, legal or proper for the Board to direct it to pay charges for the 30% at Eastern Regional Electricity Board (EREB) rates. 3. The above view is in conformity with the dictum laid down by a Division Bench of this Court in WA No.808 of 1998. It is brought to our notice that the said view was followed by another Division Bench in WA No.142 of 2002 also. In that view of the matter, the issue involved in this Writ Appeal is no more res integra and no further adjudication is therefore warranted. WA No.1631 of 2008 -:2:- 4. It is made clear that, if respondent No.1/petitioner has not consumed power in excess of 70% of the base average, the appellants will not be entitled to make any demand at the EREB rates. The Writ Appeal is disposed of as above. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb