IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29352 of 2008(T)
1. M/S.POOJA MILK FOODS PRIVATE LTD.,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. ASST.ENGINEER, O/O.ASSISTANT ENGINEER,
For Petitioner :SRI.V.N.GOPINATHAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :07/10/2008
O R D E R
K.M. JOSEPH, J.
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W.P.(C) No. 29352 OF 2008 T
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Dated this the 7th day of October, 2008
J U D G M E N T
Briefly put the case of the petitioner is as follows.
Petitioner is a company engaged in the process of receiving
raw chilled milk, pasteurizing/processing, packing, storing and
distribution of milk and milk products in the State. Petitioner
has electric connection under Low Tension IV (Industrial)
Tariff. On 25.9.2008, the APTS, Palakkad, assessed the
petitioner and prepared Ext.P1 mahazar. It is stated in the
mahazar that 43.35 KV connected load is used for chilling of
milk. On 27.9.2008, petitioner came to be served with Ext.P2
notice and a provisional assessment bill demanding payment
of Rs.10,09,331/- on the basis of Ext.P3 gazette notification
the Tariff took change from LT IV to LT VII A. Petitioner filed
Ext.P4 objection before the 2nd respondent. He did not
consider the same. According to the petitioner, Ext.P3 is not
applicable to the petitioner as it is neither a dairy farm nor a
milk chilling plant but a milk processing plant. The case of the
WPC.29352/08
: 2 :
petitioner is that the petitioner is not informed about the
change of Tariff.
2. I heard learned standing counsel also.
3. I feel that the petitioner has a remedy of
approaching the Consumer Grievance Redressal Forum,
Ernakulam. Accordingly, if the petitioner files a petition
before the Consumer Grievance Redressal Forum, Ernakulam
within three weeks from today, the Consumer Grievance
Redressal Forum, Ernakulam will consider the same and take
a decision with an opportunity of being heard to the petitioner,
within three months from the date of filing of the petition. In
the meantime, if the petitioner pays a sum of Rs.2 lakhs within
one month from today, the impugned proceedings will be kept
in abeyance till a decision is taken by the Consumer
Grievance Redressal Forum, Ernakulam.
Writ petition is disposed of as above.
Sd/-
(K.M.JOSEPH, JUDGE)
aks