IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 605 of 2000(Y)
1. K.S.E.BOARD
... Petitioner
Vs
1. [P.J.HORMIS
... Respondent
For Petitioner :SRI.ASOK M.CHERIYAN, SC, KSEB
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :10/11/2009
O R D E R
S.SIRI JAGAN, J.
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R.P.No.605/2000 in O.P.No.12593/1999
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Dated this the 10th day of November, 2009
O R D E R
This review petition is filed by the Kerala State Electricity Board
to review the judgment dated 7.4.2000 in O.P.No.12593/1999. The
judgment sought to be reviewed is a common judgment in a batch of
original petitions, in which, the question involved was whether the
Electricity Board could fix a cut of date for applying for concessional
tariff applicable to industries which commenced production between
1.1.1992 and 31.12.1996 as per G.O. M.S. No.4/92/PD dated
6.2.1991. Ultimately, in the judgment a learned Single Judge of this
Court directed thus:
“9. In the above view of the matter, I quash Ext.P5,
B.O.No.2030/97 (Pig. Com.2166/96) dated 17.9.1997 fixing 15.10.1997
as the cut off date for giving the applications and the consequential
orders rejecting the applications for the benefit of the tariff. The Board
has to consider the applications again.”
2. The contention of the Electricity Board is that in O.P.No.
12593/1999, the issue involved was not the validity of the cut of date,
but the eligibility itself of the petitioners for availing of the benefit of
pre-revisional tariff under the abovesaid notification and therefore, the
judgment in respect of that original petition requires to be reviewed.
Although it may be true, I am of opinion that the Electricity Board is
not in any way prejudiced by the direction in the judgment in so far as
2
the only direction therein to the Board is to consider the application of
the petitioner in the original petition again. The Board can very well
consider the applications and decide the eligibility of the petitioners. In
fact I am of opinion that it is the petitioners who should have filed this
review petition for a reconsideration of their eligibility for the benefit
under the notification, which they have not. In the above
circumstances, I do not think that any review of the judgment is
necessary at the instance of the Electricity Board. Accordingly, this
review petition is closed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
S.SIRI JAGAN, J.
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R.P.No.605/2000 in
O.P.No.12593/1999-Y
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O R D E R
10th November, 2009