IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9466 of 2009(C)
1. SURYA PETROLUEM (P) LTD.,P.B.ROAD,
... Petitioner
Vs
1. KERALA STATE ELECTRICIY BOARD,
... Respondent
2. THE EXECUTIVE ENGINEER, KERALA STATE
For Petitioner :SRI.P.K.BALAKRISHNAN NAIR
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice K.M.JOSEPH
Dated :02/04/2009
O R D E R
K.M.JOSEPH, J.
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W.P.(C) No.9466 of 2009-C
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Dated, this the 2nd day of April, 2009
J U D G M E N T
Heard learned counsel for the petitioner and
learned standing counsel for the respondent Board. The case
of the petitioner in brief is follows:
2. It is the case of the petitioner that LPG-bottling
is an industry as classified in the National Industrial
Classification of Central Government. The respondents
installed 2 meters treating the establishment of the petitioner
as industry. From 1997 onwards, it is stated that, petitioner
has been billed as LT IV. Now, the respondents have issued
circular treating LPG bottling as commercial activity. Following
the judgment of this court in Sainalabdeen Vs. Kerala State
Electricity Board (2006 (1) KLT 529), the writ petition is
disposed of as follows:
There will be a direction to the Ist respondent to
place the matter before the Kerala State Electricity
Regulatory Commission within a period of two weeks from
today. The Commission will proceed to take a decision in the
WPC No. 9466/2009 -2-
matter within a period of three months from the date of
production of a copy of this judgment. While it will be open to
realise bills under LT VIIA petitioner need pay only under LT
IV. Further it will be subject to the final decision to be taken
by the Commission.
The writ petition is disposed of as above.
(K.M.JOSEPH)
JUDGE.
MS
