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Kerala High Court
Peter C. Mathews vs State Of Kerala on 18 February, 2026
2026:KER:14802
W.P.(C) No. 12253 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 12253 OF 2023
PETITIONER:
PETER C. MATHEWS,
AGED 73 YEARS, S/O. ITTY MATHEW,
MANAGING PARTNER, M/S.AUXILIUM PRODUCTS L.L.P.,
VACHANAGIRI, KORENCHIRA P.O., KIZHAKKENCHERY,
ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678684
BY ADVS.
SRI.JOHN JOSEPH(ROY)
SRI.JOSEPH FRANCIS
SRI.SABIR N.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001
2 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY ITS SECRETARY, VAIDYUDHI BHAVAN,
THIRUVANANTHAPURAM, PIN-695010
3 KERALA STATE ELECTRICITY REGULATORY COMMISSION
TARIFF AND REGULATORY AFFAIRS,
K.P.F.C BHAVANAM, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN-695101
4 THE CHIEF ENGINEER DISTRIBUTION/TRANSMISSION
THE CHIEF ENGINEER DISTRIBUTION/TRANSMISSION,
NORTH REGION, PALAKKAD, PIN-678014
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W.P.(C) No. 12253 of 2023
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5 THE DEPUTY CHIEF ENGINEER
THE DEPUTY CHIEF ENGINEER,
ELECTRICAL CIRCLE PALAKKAD, PIN-678014
6 THE ASSISTANT ENGINEER
THE ASSISTANT ENGINEER, ELECTRICAL SECTION,
KIZHAKKENCHERY, PIN-678684
7 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
ENERGY DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
BY ADVS.
SRI.VIPIN P.VARGHESE, STANDING COUNSEL,
KERALA STATE ELECTRICITY REGULATORY
COMMISSION - KSERC
SRI.ADARSH MATHEW
SMT.MERLINE MATHEW
SMT.CELINE JOHN
SMT.SREELEKSHMI G.
SMT.MEHNAZ P. MOHAMMED
SRI.ANIRUDH G. KAMATH
SMT.ANJANA A.
SRI. NANDAGOPAL S. KURUP, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No. 12253 of 2023
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 12253 of 2023
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Dated this the 18th day of February, 2026
JUDGMENT
The writ petition is filed with the following reliefs:-
(i) issue a writ of certiorari or any other
appropriate writ or order quashing the
amount charged under the head "Fixed
Charges "in Exhibit P- 13 to P-16 bills and
other bills issued to the unit of the petitioner,
to enable the petitioner's unit to continue the
production of life saving medicine, for the
ends of Justice.
(ii) issue a writ of certiorari or any other
appropriate writ or order quashing Exhibit P-
12 dated 15-02-2023 demanding the arrears of
"Fixed Charges".
(iii) issue a writ of mandamus or any other
writ or order, directing the Respondents 2,
and 4 to 6 to issue bills only for the actual
energy consumed for the production of the
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life saving medicine in the unit of the
petitioner.
(iv) issue a writ of certiorari or any other
appropriate writ or order quashing Clause 6
(b) in the schedule to Exhibit P-1 agreement
dated 02-12-2020 as it is violative of the terms
of the agreement.
(v) issue a writ of mandamus or any other
appropriate writ or order directing the 5th and
6th Respondent not to disconnect the Electric
connection to the unit of the Petitioner for
the reason of arrears of Electricity charges as
the bills are unsustainable for the claim of
Fixed charges.
(vi) issue a writ of mandamus or any other
appropriate writ or order directing the 5th and
6th Respondent to ensure the uninterrupted
supply of quality energy to the unit of the
petitioner and also to intimate the power
failure well in advance to equip the machines
with the support of Generators.
(vii) issue a writ of mandamus or any other
appropriate writ or order directing the 5th and
6th Respondent to intimate the interruption of
power at least 10 minutes in advance to avoid
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repeating the manufacturing process of the
Oxygen and Nitrogen in the unit of the
petitioner; and
(viii) To grant such other reliefs as this
Hon'ble Court may deem fit, just and proper
in the facts of the case.
2. The learned Standing Counsel for the respondent Board
submits that as on date, there is no outstanding liability payable by
the petitioner and that the connection has been dismantled. This is
recorded. Accordingly, nothing further remains to be considered in
this writ petition.
In view of the above, the writ petition is closed, without
prejudice to the right of the petitioner to seek re-connection or to
seek appropriate reliefs from the authorities, if the connection has
not been dismantled as stated above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2026:KER:14802
APPENDIX OF WP(C) NO. 12253 OF 2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DRAFT AGREEMENT DATED
02-12-2020 FOR THE ESTABLISHMENT OF THE
UNIT, EXECUTED BETWEEN THE PETITIONER
COMPANY AND THE 2ND RESPONDENT THROUGH
THE 5TH RESPONDENT
Exhibit P2 TRUE COPY OF THE RECEIPT OF THE
SECURITY DEPOSIT MADE BY THE UNIT OF
THE PETITIONER, OF RS. 11,43,400/- ON
27-11-2020
Exhibit P3 TRUE COPY OF THE BROCHURE OF THE
PETITIONER UNIT
Exhibit P4 TRUE COPY OF THE FACEBOOK POST OF
ELECTRIC CONSUMERS ASSOCIATION ON 5TH
JULY 2022 WHICH SHOWS THAT THE COSTS OF
ELECTRICITY IN TAMIL NADU COMPARED TO
THE COSTS OF ELECTRICITY IN KERALA IS
MORE THAN TRIPLE
Exhibit P5 THE STATEMENT OF POWER FAILURE DURING
THE LAST TWO YEARS
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
27-08-2022 FILED BEFORE THE 6TH
RESPONDENT
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
30-12-2022 BEFORE THE MINISTER AS WELL
AS THE RESPONDENTS 2 AND 3
Exhibit P8 TRUE COPY OF THE LETTER DATED
30-01-2023 SUBMITTED TO THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE LETTER DATED
09-02-2023 ISSUED TO THE DEPUTY CHIEF
ENGINEER, PALAKAKD
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Exhibit P10 TRUE COPY OF THE REPRESENTATION
SUBMITTED TO THE DEPUTY CHIEF ENGINEER
PALAKKAD DATED 17-02-2023
Exhibit P11 TRUE COPY OF THE CHART PREPARED BY THE
PETITIONER SHOWING THE CONSUMPTION OF
THE ELECTRICITY CHARGES, FIXED CHARGES
AND OTHER INCIDENTAL CHARGES
INCORPORATED IN THE BILLS OF THE
RESPONDENTS 2 TO 6 AND THE ULTIMATE
ELECTRICITY CHARGES PER UNIT PAYABLE BY
THE UNIT OF THE PETITIONER
Exhibit P12 TRUE COPY OF THE DISCONNECTION NOTICE
DATED 15-02-2023
Exhibit P13 BILL DATED 04-03-2023 ISSUED BY THE
RESPONDENTS
Exhibit P14 BILL DATED 04-02-2023 ISSUED BY THE
RESPONDENTS
Exhibit P15 BILL DATED 05-01-2023 ISSUED BY THE
RESPONDENTS
Exhibit P16 BILL DATED 05-12-2022 ISSUED BY THE
RESPONDENTS
Exhibit P17 TRUE COPY OF THE AWARD ISSUED FROM THE
DISTRICT INDUSTRIES CENTER PALAKKAD
Exhibit P18 TRUE COPY OF THE CERTIFICATE OF
APPRECIATION ISSUED BY THE GOVERNMENT
OF KERALA
