IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 36564 of 2007(C)
1. M/S.IDEA MOBILE COMMUNICATIONS LTD.
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD
... Respondent
2. THE CHIEF ENGINEER (COMMERCIAL & TARIFF)
3. ASSISTANT ENGINEER,
For Petitioner :SRI.SANTHOSH MATHEW
For Respondent :SRI.C.K.KARUNAKARAN, SC FOR KSEB
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :11/01/2008
O R D E R
H.L.DATTU, C.J. & K.M.JOSEPH, J.
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W.P.(C) Nos.36564, 37144 & 38008 of 2007
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Dated, this the 11th day of January, 2008
JUDGMENT
H.L.Dattu, C.J.
Though these matters are posted in the petition list, by consent of the
learned counsel appearing for the parties to the lis, the matters are taken up
for final hearing.
2. Petitioners in these writ petitions are granted licence by the
Department of Telecommunications, Government of India for conducting
Cellular Mobile operations in various States including the State of Kerala.
3. In these petitions filed under Article 226 of the Constitution, the
petitioners call in question the correctness or otherwise of the demand notices
issued by the respondents in the writ petitions, inter alia, demanding the
petitioners to pay the arrears of electricity charges pursuant to a Circular issued
by the Board.
4. The primary contention of the petitioners and their learned counsel is
that the demand notice was not preceded by a show cause notice and
therefore, the demand notice so issued is not only arbitrary, but also in
violation of the principles of natural justice.
5. Sri.C.E.Unnikrishnan, learned counsel appearing for the respondent
Board would submit that, for the present, the demand notices so issued by the
respondents may be treated as show cause notices by the petitioners and file
their objections, if any, to the said demand notices treating it as show cause
notices and if such objections are filed, the respondents will consider those
objections and pass appropriate orders.
W.P.(C) No.36564/2007, etc.
2
6. In view of this understanding between the learned counsel appearing
for the parties to the lis, without going into the other details of the writ petitions,
we dispose of the same as under:
ORDER
i) The petitioners shall treat the demand notices issued by the
respondents directing them to pay the arrears of electricity charges, as show
cause notices.
ii) The petitioners, if they so desire, file their objections to the said
demand notices/show cause notices within a period of 15 days from today.
iii) The respondent Board shall consider the objections that may be filed
by the petitioners within the time granted by this Court, within 15 days thereafter
and also afford an opportunity of hearing to the petitioners and thereafter issue
appropriate demand notices.
iv) All the contentions of both the parties are left open.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(K.M.JOSEPH)
JUDGE
vns