M/S Petronet Lng Ltd vs Kerala State Electricity Board ...
2023 Latest Caselaw 8813 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                    WP(C) NO. 26285 OF 2023
PETITIONER:
          M/S. PETRONET LNG LTD., A PUBLIC LIMITED COMPANY
          REGISTERED UNDER THE COMPANIES ACT,
          HAVING ITS REGISTERED OFFICE AT WORLD
          TRADE CENTRE, FIRST FLOOR, BABAR ROAD,
          BARAKHAMBA LANE, NEW DELHI, PIN - 110 001 AND
          UNIT AT SURVEY NO.347, PUTHUVYPU P. O.,
          KERALA, KOCHI - 682 508,
          REPRESENTED BY ITS CHIEF GENERAL MANAGER & VICE
          PRESIDENT (PLANT HEAD),
          MR. YOGANANDA V. REDDY.
            BY ADVS.
            SRI. JAJU BABU
            SRI. THOMAS M.JACOB
            SRI. AKHIL K.MADHAV
RESPONDENTS:

    1       KERALA STATE ELECTRICITY BOARD LTD.
            HAVING ITS REGISTERED OFFICE AT VYDHYUDHI
            BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
            REPRESENTED BY ITS SECRETARY, PIN - 695 004.
    2       THE SPECIAL OFFICER (REVENUE)
            OFFICE OF THE SPECIAL OFFICER (REVENUE),
            VYDHYUDHI BHAVANAM, KERALA STATE ELECTRICITY
            BOARD LTD., THIRUVANANTHAPURAM, PIN - 695 004.
    3       THE DEPUTY CHIEF ENGINEER
            KERALA STATE ELECTRICITY BOARD,
            ELECTRICAL CIRCLE, POWER HOUSE ROAD,
            KOMBARA, ERNAKULAM, PIN - 682 018.
    4       KERALA STATE ELECTRICITY REGULATORY COMMISSION
            K.P.F.C. BHAVANAM, C.V. RAMAN PILLAI ROAD,
            VELLAYAMBALAM, THIRUVANANTHAPURAM,
            REPRESENTED BY ITS CHAIRPERSON, PIN - 695 010.

            SRI. RAJU JOSEPH - KSEB
            R4 - SRI. NANDAGOPAL S.KURUP
            SRI. B.PREMOD - SC
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   14.08.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26285 OF 2023

                               2



                           JUDGMENT

A Division Bench of this Court, by Ext.P8

judgment, directed the licencee/Electricity Board to

decide the tariff applicable to the petitioner exercising

the powers under Regulation 97 of the Kerala State

Electricity Supply Code, 2014. Ext.P16 is the order

passed by the Special Officer (Revenue) of the Board

pursuant to the said judgment. The said order is

impugned in the writ petition contending that the

petitioner did not get adequate opportunity to submit

their case before the Special Officer (Revenue).

2. Heard Sri.Jaju Babu, the learned Senior

Counsel for the petitioner, Sri.Raju Joseph, the

learned Senior Counsel for the Kerala State Electricity

Board and Sri.Nandagopal S.Kurup, the learned

Standing Counsel for the Kerala State Electricity

Regulatory Commission.

WP(C).No.26285 OF 2023

3. Sri.Jaju Babu, the learned Senior Counsel

for the petitioner submits that Ext.P16 order is

passed in violation of the principles of natural justice

and the petitioner was not given adequate

opportunity to submit their case before the Special

Officer (Revenue).

4. On going through Ext.P16 order, I find that

it does not reflect the contentions raised by the

petitioner. Further, as per Ext.P8 judgment, the

Division Bench had relegated the matter to the

licencee/Electricity Board, whereas Ext.P16 order is

passed by the Special Officer (Revenue) of the Board.

I feel it appropriate to set aside Ext.P16 order since it

has been passed without following the principles of

natural justice. The Board shall pass fresh orders in

terms of the directions issued by the Division Bench

in Ext.P8 judgment. Fresh orders as aforesaid shall

be passed after giving sufficient opportunity to the WP(C).No.26285 OF 2023

petitioner to present their case, within a period of

one month from the date of receipt of a copy of this

judgment. All the contentions of the parties are left

open.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.26285 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF AGREEMENT DATED 06.05.2013 BETWEEN THE PETITIONER AND KSEB. EXHIBIT P2 TRUE COPY OF DEMAND NOTICE FOR MAY 2014. EXHIBIT P3 TRUE COPY OF COMMUNICATION NO.HTB-

21/6539/2014-2015 DATED 20.05.2014 FROM 2ND RESPONDENT CHANGING THE TARIFF OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF REPRESENTATION NO.

PLL/KOCHI/KSEB/2014-2015/C-04 DATED 07.06.2014.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

CGRF-CR/COMP.56/2015-16/415 DATED 29.10.2015 PASSED BY CONSUMER GRIEVANCE REDRESSAL FORUM.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 15.02.2016 IN WP(C) 5537/2016.

EXHIBIT P7 TRUE COPY OF TRUE COPY OF THE JUDGMENT DATED 24.05.2022 IN WP(C) 5537/2016 AND WP(C) 15161/2019 OF THIS HONOURABLE COURT. EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 29.08.2022 IN WRIT APPEALS NUMBERED AS W.A. 958 OF 2022 AND 942 OF 2022 OF THIS HONOURABLE COURT. EXHIBIT P9 TRUE COPY OF NOTICE NO. GB1/PERTONET LMG LIMITED/2022-23/1271 DATED 18.10.2022 FROM THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF OBJECTION FILED BY PETITIONER BEFORE THE 3RD RESPONDENT AS PER COMMUNICATION NO.

PLL/KOCHI/KSEB/2022-23/C-15 DATED 16.11.2022.

EXHIBIT P11 TRUE COPY OF NOTICE NO.

SOR/AMU4/HTB21/6539-PETRONET LNG LTD./ 2022-23/205 DATED 11.11.2022 FROM THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF OBJECTION SUBMITTED BEFORE THE 2ND RESPONDENT AS PER COMMUNICATION NO. PLL/KOCHI/KSEB/2022-23/C-17 DATED 22.11.2022.

EXHIBIT P13 TRUE COPY OF ORDER DATED 22.2.2023 IN OP WP(C).No.26285 OF 2023

75/2022 OF KERALA STATE ELECTRICITY REGULATORY COMMISSION.

EXHIBIT P14 TRUE COPY OF AGREEMENT NO.ECE/HT-03/2023-

24 DATED 17.04.2023 WITH KSEB PURSUANT TO EXT.P13 ORDER.

EXHIBIT P15 TRUE COPY OF DEMAND NOTICE FOR JULY 2023 AS PER BILL DATED 06.07.2023 WITH TARIFF AS HT IV(A) COMMERCIAL.

EXHIBIT P16 TRUE COPY OF COMMUNICATION NO. SOR/AMU 4/HTB 21/6539/2023-24/18 DATED 19.07.2023 ISSUED BY THE 2ND RESPONDENT CHANGING THE TARIFF TO HT-IV(A) COMMERCIAL. EXHIBIT P17 TRUE COPY OF THE ALLEGED HEARING PROCEEDING DATED 23.11.2022 BEFORE THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE OBJECTION NUMBERED AS PLL/KOCHI/KSEB/2023-24/C-08 DATED 1.8.2023 SUBMITTED TO THE 2ND RESPONDENT. EXHIBIT P19 TRUE COPY OF NOTICE DATED 16.07.2023 ISSUED BY THE 2ND RESPONDENT FOR ADDITIONAL CASH DEPOSIT (ACD). EXHIBIT P20 TRUE COPY OF ARREAR NOTICE/DISCONNECTION NOTICE DATED 20.07.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P21 TRUE COPY OF COMMUNICATION NO.

PLL/KOCHI/KSEB/2023-24/C-09 DATED 4.8.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P22 TRUE PHOTOGRAPHS (6 NUMBERS) OF THE PLANT OF THE PETITIONER SHOWING THE LARGE SCALE MACHINERY AND OPERATIONS.

RESPONDENTS EXHIBITS: NIL.