IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 21412 of 2008(Y) ---------------------------------------------- PETITIONER(S): ---------------------- GTN TEXTILES LTD. ERUMTHALA P.O.,ALUVA,REPRESENTED BY ITS CHIEF EXECUTIVE. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD VYDYUTHI BHAVAN,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER (TRANSMISSION SOUTH) VYDYUTHI BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM. 3. THE SPECIAL OFFICER (REVENUE) OFFICE OF THE SPECIAL OFFICER (REVENUE) VYDYUTHI BHAVAN, PATTOM P.O.,THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 21412 OF 2008 Y --------------------------------------- Dated this the 16th October, 2008 JUDGMENT Ext.P7 is the order of the Ombudsman. It remains unimplemented, is the complaint of the petitioner. Accordingly, petitioner seeks a mandamus directing the respondents to comply with Ext.P7 decision of the Ombudsman and to issue bills treating the tariff applicable to the petitioner as EHT tariff. Learned counsel for petitioner would submit that after filing of the Writ Petition, Ext.P7 has been partly implemented by executing Ext.P13 for supply of energy at EHT tariff. He further submits that what remains is only refund of the amount already collected at HT tariff in terms of Ext.P7 order. I heard the learned standing counsel appearing on behalf of the respondent Electricity Board also. As long as Ext.P7 is not challenged, Ext.P7 has to be implemented. Accordingly, the Writ Petition is disposed of directing that any amount due in terms of Ext.P7 as refund to the petitioner shall be adjusted against the future bills to the petitioner. Sd/= kbk. K. M. JOSEPH, JUDGE // True Copy // PS to Judge WPC 2