The High Court made an interim order regarding electrical energy charging rates absolute and directed quashing of impugned orders contrary to it. The petition was disposed of on the same day it was heard.
The interim order dated 27.3.1998 was made absolute; impugned orders contrary to it were quashed and treated as final orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 4TH SEPTEMBER 2007 / 13TH BHADRA 1929
OP.No. 6095 of 1998(A)
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PETITIONER:
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M/S.IDEAL CRUMB RUBBER FACTORY, SREEKRISHNAPURAM, KOTTAPURAM P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT, REP.BY ITS PARTNER, C.V.MOHAMED ALI.
BY ADV. SRI.N.HARIDAS,C.S.MANU
RESPONDENTS:
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1. STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. KERALA STATE ELECTRICITY BOARD, VYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REP.BY ITS SECRETARY.
3. CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, THERMAL AND COMMERCIAL, CYDUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
4. SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM 4.
5. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, PALAKKAD.
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OP. NO.6095/1998
6. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP. NO.6095/1998
ORDER ON CMP. NO.10861/1998 IN OP. NO.6095/1998
DISMISSED
04.09.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:- COPY OF THE ORDER DT. 2.4.96 ISSUED BY THE CHIEF ENGINEER KSEB TO THE PETITIONER.
EXT.P2:- COPY OF THE ORDER NO.DB 1/HT/ICRF/96-97 /561 DT.27.9.96 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXT.P3:- COPY OF THE CERTIFICATE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.
EXT.P4:- COPY OF THE LETTER DT. 20.11.96 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
EXT.P5:- COPY OF THE LETTER DT. 30.5.907 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXT.P6:- COPY OF THE ORDER DT. 7.1.97 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
EXT.P7:- COPY OF THE PAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DT. 4.2.97.
EXT.P8:- COPY OF THE NEWS ITEM APPEARED IN THE MANGALAM MALAYALAM DAILY DT. 25.1.98.
EXT.P9:- COPY OF THE LETTER DT. 24.2.98 SUBMITTED BY THE PETITIONER FIRM TO THE 3RD RESPONDENT.
EXT.P10:- COPY OF THE COVERING LETTER DT. 13.3.98 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXT.P10(a):- COPY OF THE INVOICE NO.4973 ISSUED BY THE 4TH RESPONDENT ALONG WITH EXT.P10 TO THE PETITIONER.
EXT.P10(b):- COPY OF THE CALCULATION SHEET ISSUED BY THE 4TH RESPONDENT ALONG WITH EXTS. P10& P10(a).
/TRUE COPY/
P.A. TO JUDGE
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THOTTATHIL B.RADHAKRISHNAN, J.
O.P.No.6095 OF 1998
Dated this the 4th day of September, 2007
JUDGMENT
The issue in this writ petition is regarding the rate at which the petitioner has to be charged for consumption of electrical energy during a particular period. By interim order dated 27.3.1998 on CMP No.10861/98, it was directed by this Court that if the petitioner's consumption of electrical energy is within the power quota allotted to him in the event of power cut, he shall not be charged for any part of the electrical energy consumed by him at the rate applicable to EREB power. This, evidently, is in complete agreement of the decision of the Division Bench in W.A.No.808/98 dated 28.4.1998. It is the case of the petitioner that consumption of power by him is within the power quota allotted to him in the event of power cut. This is a position which is not disputed on facts since there is no counter affidavit on record.
OP.6095/98
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In the aforesaid circumstances, the interim order dated 27.3.1998 on CMP No.10861/98 is made absolute and it is directed that the impugned orders will stand quashed to the extent they are contrary to the directions issued therein, which is hereby directed to be treated as the final orders in this writ petition.
The writ petition is disposed of as above.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge
kkb.
OP.6095/98
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.NO.6095 OF 1998
JUDGMENT
4th SEPTEMBER, 2007.
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M/S.IDEAL CRUMB RUBBER FACTORY
STATE OF KERALA
KERALA STATE ELECTRICITY BOARD
CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD
SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD
EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
