IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29419 of 2010(B)
1. SAMPO FROZEN FOODS
... Petitioner
Vs
1. THE EXECUTIVE ENGINEER,
... Respondent
2. THE ASST ENGINEER, ELECTRICAL SECTION
3. THE DEPUTY CHIEF ENGINEER
4. KERALA STATE ELECTRICITY BOARD
For Petitioner :SRI.N.G.SUNIL
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :30/09/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)No. 29419 OF 2010
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Dated this the 30th day of September, 2010
J U D G M E N T
The petitioner is a partnership firm doing business
of producing Ice. It is a consumer of Electricity of LT 4 Tariff.
For sometime there was no production at all in the petitioner’s
factory. However, the 1st respondent fixed a quota for
consumption of electricity for industrial units from April 2010
onwards. The petitioner is aggrieved by the fixation of quota
based on the bills from May, 2009 to February, 2010, the
period during which the unit of the petitioner was closed for
major repair work and the consequential fixation of the quota
as 3144 units for the petitioner. According to the petitioner
with these units he could run his factory only for just 6 days
in a month and for consumption in excess of 3144 units he
would be charged at the rate of Rs.7.25 per unit as against the
normal rate of Rs.3.25 per unit. In the said circumstances, for
re-fixation of quota the petitioner has submitted Exts.P13 and
P16 representations before the first respondent. Despite the
receipt of such applications for re-fixation of the quota, the
WPC.29419/2010
: 2 :
first respondent did not take any step in the matter.
2. I have heard the learned counsel for the petitioner as
also the learned standing counsel. Indisputably, the first
respondent is bound to consider the request made by the
petitioner as per Exts.P13 and P16.
In the said circumstances, without making any
observation as to the merits of the contention raised in this
writ petition, it is disposed of with a direction to the first
respondent to consider and pass orders on Exts.P13 and P16
representations submitted by the petitioner for re-fixation of
the quota expeditiously, at any rate, within a period of one
month from the date of receipt of a copy of this judgment.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma
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P.A to Judge