IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1275 of 2010(H)
1. M.P.ANTONY, S/O.PAILY, MANAGING PARTNER,
... Petitioner
Vs
1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE ASST.ENGINEER, KERALA STATE
3. THE EXECUTIVE ENGINEER, ELECTRICAL
For Petitioner :SRI.K.I.ABDUL RASHEED
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :25/01/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
..............................................................................
W.P.(C) No. 1275 OF 2010
.........................................................................
Dated this the 25th January , 2010
J U D G M E N T
The grievance of the petitioner is that Ext. P2 application
preferred before the second respondent for enhancement of the
power allocation to the petitioner’s unit and stated as now
pending before the third respondent has not been acted upon,
reportedly for the reason that some amounts are allegedly due
from the petitioner to the respondent Board.
2. The learned Counsel for the petitioner submits that the
alleged liability as per Ext. P6 has already been subjected to
challenge by filing W.P.(C) 36788 of 2007 and the realization of
the said amount has been intercepted by this Court as per Ext.
P7 interim order . The learned Counsel further submits that the
said liability having been stayed by this Court, it cannot be
stated as valid and subsisting as on date, so as to have it
realized before the application put up by the petitioner is
considered. The law declared by this Court as per Ext.P8
judgment pertaining to similar issue, is also referred to in this
W.P.(C) No. 1275 OF 2010
2
regard.
3. Heard the learned Standing Counsel for the Board as
well.
4. Considering the facts and circumstances, the third
respondent is directed to consider and pass appropriate orders
on Ext.P2 application for enhancement of power allocation and
to finalise the same after giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any rate within one
month from the date of receipt of a copy of the judgment. It is
made clear that the issue forming the subject matter of the
W.P.(C) No. 36788 of 2007 as to the alleged liability, which
stands stayed by virtue of Ext. P7 interim order, shall not be a
bar for considering and finalizing the proceedings as above.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON,
JUDGE.
lk