M/S.Alwaye Fertiliser ... vs Kerala State Electricity Board ...
2022 Latest Caselaw 8457 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 27287 OF 2015
PETITIONER/S:

             M/S.ALWAYE FERTILISER INDUSTRIES (P)LTD.
             KEEZHMADU, ALWAYE, PIN-683 105, REPRESENTED BY ITS
             MANAGING DIREICTOR, K.A.ABDUL KHADER.

             BY ADV SRI.K.N.CHANDRABABU



RESPONDENT/S:

     1       KERALA STATE ELECTRICITY BOARD LTD.
             REGISTERED OFFICE, VYDHYUTHI BHAVAN, PATTAM,
             THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY.

     2       THE SPECIAL OFFICER REVENUE
             OFFICE OF THE SPECIAL OFFICER (REVENUE), VYDHYUTHI
             BHAVAN, PATTAM, THIRUVANANTHAPURAM-695 001.

     3       THE DEPUTY CHIEF ENGINEER
             ELECTRICAL CIRCLE, KSEB, ERNAKULAM.

     4       THE KERALA STATE ELECTRICITY REGULATORY COMMISSION
             K.P.F.C. BHAVAN, REPRESENTED BY ITS SECRETARY, C.V.RAMAN
             PILLAI ROAD, VELLAYAMABALAM, THIRUVANANTHAPURAM-695 001.


OTHER PRESENT:

             SRI B PREMOD SC KSEB




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27287 OF 2015
                                   2




                           JUDGMENT

Learned counsel for the petitioner seeks permission to

withdraw the writ petition. Permission is granted. Accordingly,

this writ petition is dismissed as withdrawn.

SD/-

sab AMIT RAWAL

JUDGE WP(C) NO. 27287 OF 2015

APPENDIX OF WP(C) 27287/2015

PETITIONER ANNEXURES

EXT.P10. A TRUE COPY OF THE LETTER DATED 6/10/1997 ALONG WITH ANNEXURE SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXT.P11. A TRUE COPY OF THE LETTER DATED 15/10/1997 ALONG WITH THE ANNEXURES ADDRESSED TO THE 2ND RESPONDENT

EXT.P1. A TRUE COPY OF G.O.(RT) NO.5/96/PD DATED 6/1/1996 IMPOSING POWER CUT ISSUED BY THE GOVERNMENT OF KERALA.

EXT.P2. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 23/1/1996 ADDRESSED TO THE CHIEF ENGINEER, DISTRIBUTION, SOUTH AND TO THE DEPUTY CHIEF ENGINEER AND EXECUTIVE ENGINEER AND ASSISTANT EXECUTIVE ENGINEER.

EXT.P3. A TRUE COPY OF THE BOARD ORDER NO.206/96 (PLG.COM 2920/96 DATED 5/2/1996 REGARDING WORKING OUT OF BASE AVERAGE CONSUMPTION OF NEW INDUSTRIAL CONSUMERS WHO ARE PROVIDED WITH ELECTRIC CONNECTION BETWEEN 1-1-1995 AND 31/12/1995.

EXT.P4. A TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER DATED 3/5/1996 ADDRESSED TO THE 2ND RESPONDENT REGARDING ENTITLEMENT OF MONTHLY QUOTA OF 26539 UNITS BASED ON THE BASE AVERAGE CONSUMPTION OF THE PETITIONER'S UNIT DURING THE YEAR 1995 IN ACCORDANCE WITH EXT.P3.

EXT.P5. A TRUE COPY OF THE NOTICE NO.DB.1/POWERCUT/96 DATED 14/6/1996 ISSUED BY THE BOARD

EXT.P6. A TRUE COPY OF THE LETTER SENT BY THE PETITIONER DATED 13/7/1996 ADDRESSED TO THE 2ND RESPONDENT

EXT.P7. A TRUE COPY OF THE REPRESENTATION DATED 15/7/2006 CLAIMING THAT THE PETITIONER'S UNIT IS ELIGIBLE FOR CERTAIN CONCESSION IN PAYMENT OF ELECTRICITY DUES AS PER THE RULES. WP(C) NO. 27287 OF 2015

EXT.P8. A TRUE COPY OF THE NO.HTB.20/1984/7/6/12/94 DATED 3/12/1996 ISSUED BY THE 2ND RESPONDENT DEMANDING THE PETITIONER TO REMIT AN AMOUNT OF RS.1,80,757/-. TOWARDS ARREARS OF CURRENT CHARGES.

EXT.P9. A TRUE COPY OF THE LETTER DATED 25/9/1997 SENT BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER.

EXT.P12. A TRUE COPY OF THE COMMUNICATION NO.HTB.20/1984 DATED 6/1/1997 ISSUED BY THE 2ND RESPONDENT DIRECTING THE PETITIONER TO PRODUCE A CERTIFICATE TO THE EFFECT THAT THE COMPANY IS UNDER LAY-OFF.

EXT.P13. A TRUE COPY OF THE LETTER ADDRESSED TO THE 2ND RESPONDENT ON 18/11/1997 ENCLOSING THE CERTIFICATE ISSUED BY THE DEPUTY LABOUR COMMISSIONER.

EXT.P14. A TRUE COPY OF THE COMMUNICATION NO.HTB.20/1984 DATED 6/1/1921/5/1998 ISSUED BY THE 2ND RESPONDENT

EXT.P15. A TRUE COPY OF THE LETTER DATED 27/5/1998 ADDRESSED TO THE 2ND RESPONDENT BY THE PETITIONER

EXT.P16. A TRUE COPY OF THE NOTICE NO.PLG.COM.3547/98 DATED 24/8/1998 ISSUED BY THE DEPUTY CHIEF ENGINEER, DIRECTING THE PETITIONER TO PAY 25% OUT OF RS.4,96,990/-. APPROXIMATELY IS DUE AS ARREARS OF ELECTRICITY CHARGES AS IN MAY, 1998.

EXT.P17. A TRUE COPY OF THE LETTER DATED 11/9/1998 ADDRESSED TO THE DEPUTY CHIEF ENGINEER

EXT.P18. A TRUE COPY OF THE NOTICE NO.HTB.20.1984 DATED 19/12/1988 DEMANDING PAYMENT OF RS.7,21,265/-. TOWARDS ARREARS OF CURRENT CHARGES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXT.P19. A TRUE COPY OF THE COMMUNICATION NO.SOR/RG- II/OTS-SPL. SCHEME/2014-15 DATED 1/11/2014 ISSUED BY THE 2ND RESPONDENT REGARDING THE INTRODUCTION OF SCHEME FOR ONE TIME SETTLEMENT OF ARREARS AS PER REGULATION 136(5) OF THE KERALA ELECTRICITY SUPPLY CODE, 2014.

WP(C) NO. 27287 OF 2015

EXT.P20. A TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT

EXT.P21. A TRUE COPY OF THE LETTER NO.SOR/AMU/HTB- 20/1984 DATED 24/4/2015 ISSUED BY THE 2ND RESPONDENT DIRECTING THE PETITIONER TO REMIT PRINCIPAL AMOUNT OF RS.3,20,979 PLUS INTEREST OF RS.9,83,629/- PLUS INTEREST IF HE IS WILLING TO ACCEPT THE OTS.

EXT.P22. A TRUE COPY OF THE APPLICATION DATED 18/5/2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT O RE-DETERMINE THE EXACT DUES ACCORDING TO THEN APPLICABLE NORMS OF THE BOARD

EXT.P23. A TRUE COPY OF THE NOTICE NO.SOR/AMU/HTB- 20/1984/2015-16 DATED 10/7/2015 ASKING THE PETITIONER TO PAY RS.15.30,262 PLUS INTEREST AND RS.158/- ON BEFORE 25/7/2015 ISSUED BY THE 2ND RESPONDENT

EXT.P24. A TRUE COPY OF THE APPLICATION DATED 22/7/2015 SEEKING RE-CONSIDERATION OF THE DECISION TAKEN BY THE BOARD.