Remanded

M/S. Tecil Chemicals and Hydor Power v. State of Kerala and Others

Kerala HC6 Mar 2012WP(C)/10396/2009

Case brief

AI extract

What is this about?

The Kerala High Court directed the Government to decide the petitioner's representation on dues settlement within three months of receiving a copy of the judgment, after granting an opportunity of being heard. The court ordered the interim order to continue until the representation is disposed of.

What did the court decide?

Direction to the Government to decide the petitioner's representation on dues settlement within three months of receipt of the judgment copy after hearing.

M/S. Tecil Chemicals and Hydor Power Vs State of Kerala… — Specific Performance | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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TUESDAY, THE 6TH DAY OF MARCH 2012/16TH PHALGUNA 1933

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WP(C).No. 10396 of 2009 (T)

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PETITIONER:

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M/S.TECIL CHEMICALS & HYDRO POWER LTD. REGISTERED OFFICE AND WORKS AT CHINGAVANAM KOTTAYAM DIST., KERALA REPRESENTED BY SHRI SHREENIWAS B.SOMANI CHAIRMAN & MANAGING DIRECTOR OF THE COMPANY.

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BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, POWER DEPARTMENT, GOVT.SECRETARIAT THIRUVANANTHAPURAM.

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2. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS CHAIRMAN, VAIDYUTHI BHAVAN THIRUVANANTHAPURAM.

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3. THE EXECUTIVE ENGINEER, KSEB

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220 KV SUB STATION, POOVANTHURUTHU, KOTTAYAM.

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R1 - BY GOVERNMENT PLEADER SRI.P.V. EILAS. R2 TO R3 - BY ADV. SRI.P.SANTHALINGAM (SR.)

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BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10396 of 2009 (T)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: TRUE	COPY OF THE	CERTIFICATE	DATED 18.9.1999.
P2: TRUE	COPY OF THE	LETTER TECI	L/965 DAETD 6.7.2009.
P3: TRUE	COPY OF THE	INTIMATION	HTB 10/1040 DT. 8.11.2000.
P4: TRUE	COPY OF THE	GO(MS)/122/	05/IND DT. 19.9.2005.
P5: TRUE	COPY OF THE	LETTER DT.	10.12.07.
P6: TRUE	COPY OF THE	LETTER DTD.	29.1.2009.
P7: TRUE DT.17	COPY OF THE .3.09.	COMMUNICATI	ON NO.HTB-10/1040/TECIL/3842.

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RESPONDENTS' EXHIBITS: NIL

// TRUE COPY//

PA TO JUDGE

Scl.

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - W.P.C.No.10396 of 2009

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 6 th day of March, 2012.

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J U D G M E N T

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Petitioner is a Public Limited Company engaged in the manufacture of Chemicals and generation of hydro power. The said company was under lockout since 5/7/1999. The petitioner after lockout, requested the 3^rd respondent to take the meter reading and reset the meter for billing purpose. Even though actual dues payable was informed to respondents 2 and 3, without considering the actual state of affairs, it was directed to

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pay a sum of Rs.6,45,57,258/- including actual current charges.

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For the settlement of dues, the petitioner filed Ext.P10 representation before the Government which is pending. It is evident from Ext.P12 that the petitioner had paid a sum of rupees ten crores and thereafter the

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W.P.C.No.10396 of 2009

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Government did not take any decision with regard to the representation of the petitioner.

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The Government shall take decision on the representation filed by the petitioner within three months from the date of receipt of a copy of this judgment after giving opportunity of being heard to the petitioner. Till the disposal of the representation filed by the petitioner, the interim order of this Court shall continue. The petitioner shall produce the copy of this writ petition along with this judgment as well as the copies of the documents produced before this Court before the 1^st respondent.

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This writ petition is disposed as above.

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B.P.RAY, JUDGE

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su/-

M/S. Tecil Chemicals and Hydor Power v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

M/S. Tecil Chemicals and Hydor Power v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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