IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21540 of 2009(J)
1. L.F.HOSPITAL,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE SPECIAL OFFICER(REVENUE)
3. DEPUTY CHIEF ENGINEER,
4. THE ASSISTANT ENGINEER,
For Petitioner :SRI.J.JULIAN XAVIER
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/07/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 21540 OF 2009 (J)
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Dated this the 30th day of July, 2009
J U D G M E N T
Delay in considering Ext.P7 application made by the
petitioner for additional power allocation of 400 KVA is what is
complained of in this writ petition.
2. Petitioner submits that on 4/10/2004, they had applied
for increasing the contract demand by 150 KVA. Prior to the said
application was made, on 4/11/2005, there was an inspection in
the premises of the petitioner conducted by the Anti Power Theft
Squad of the Board. That led to the issuance of Ext.P2 mahazar
and Ext.P3 penal bill, which was confirmed by the Deputy Chief
Engineer. When the application dated 4/10/2004 referred to
above was received by the respondents, they by Ext.P1 informed
the petitioner that application can be considered only after the
amount due under Exts.P2 and P3 is paid. Exts.P2 and P3 were
challenged before this Court and by Ext.P4 judgment rendered in
WP(C) No.22806/06, the parties were relegated to pursue their
grievances before the Kerala State Electricity Regulatory
Commission. Proceedings are still pending before the Regulatory
WPC 21540/09
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Commission and as in the meanwhile, when the petitioner
received Ext.P1, they challenged the said order before this Court
by filing WP(C) No.23768/07. That writ petition was disposed of by
Ext.P5 judgment directing to allow increase in the contract
demand, on the petitioner complying with the formalities and
without insisting on the amount due under Exts.P2 and P3 since
the issue was pending before the Regulatory Commission. It is
stated that though belatedly the judgment was complied with and
accordingly Ext.P6 HT agreement was also entered into between
the parties.
3. Subsequently, the petitioner made Ext.P7 application
for additional allocation of 400 KVA, which requirement arose on
the setting up of a Cardiology Department and its incidental
facilities. Referring to Exts.P8 and P9, petitioner submits that
they had already got the approval of the Chief Electrical Inspector
and that all necessary documents have been enclosed to Ext.P7.
It is stated that Ext.P7 application is also not considered for the
reason that the amount due under Exts.P2 and P3, which dispute
is still pending before the Regulatory Commission has not been
paid by the petitioner. It is in these circumstances the writ
petition is filed praying for a direction to the respondents to
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consider and pass orders on Ext.P7, without insisting on payment
of the amount due under Exts.P2 and P3.
4. If as stated by the petitioner, dispute regarding their
liability to pay the amount claimed under Exts.P2 and P3 is still
pending before the Regulatory Commission following Ext.P4
judgment of this Court, that cannot be a reason for not
considering Ext.P7 application made by the petitioner.
5. Therefore, the writ petition is disposed of with the
following directions.
(1) That if Ext.P7 application is complete in all respects
and the petitioner has complied with all other requirements for
additional allocation of power as sought for in Ext.P7, the 3rd
respondent shall consider Ext.P7 on merits, without insisting on
the petitioner remitting the amount claimed under Exts.P2 and
P3.
(2) Orders shall be passed on Ext.P7, as expeditiously as
possible, at any rate within 4 weeks of production of a copy of
this judgment along with a copy of this writ petition.
ANTONY DOMINIC, JUDGE
Rp