Kerala High Court
M/S.Essar Telecom ... vs Kerala State Electricity Board on 25 May, 2002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 21ST DAY OF JUNE 2012/31ST JYAISHTA 1934
WP(C).No. 9282 of 2010 (I)
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PETITIONER(S):
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M/S.ESSAR TELECOM INFRASTRUCTURE(P)LTD.,
36/2624,FIRST FLOOR, CHERAMANGALATH HOSUE,
SHENOY ROAD, COCHIN-682 017
REPRESENTED BY DEPUTY MANAGER (LEGAL & ACQUISITION)
MR.BABU PATTATHANAM.
BY ADVS.SRI.SATHISH NINAN
SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
RESPONDENT(S):
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1. KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, BOARD SECRETARIAT,
VYDYUTHIBHAVANANM, THIRUVANANTHAPURAM.
2. THE CHIEF ENGINEER (COMMERCIAL & TARIFF),
KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVANANM,
THIRUVANANTHAPURAM.
3. THE ASSISTANT EXECUTIVE ENGINEER,
ELECRICAL SUB DIVISION,KSEB MANANTHAVADY,
WAYANAD DISTRICT.
4. THE ASSISTANT ENGINEER,
ELECTRICAL SECTION, KSEB, MANANTHAVADI,
WAYANAD.
BY SRI.P.SANTHALINGAM,SENIOR ADVOCATE
BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B
BY ADV. SRI.T.R.RAJAN,SC,K.S.E.B.
SMT.NAZEEBA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21-06-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C)NO.9282/2010
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE B.O(FM) NO.739/2002 (PIG.COM.4439/2002) DATED 25/5/2002
ISSUED BY THE FIRST RESPONDENT.
P2 COPY OF THE B.O(FM)NO.1522/2002 (PIG.COM.4439/2002) DATED 11/1/2002
ISSUED BY THE FIRST RESPONDENT.
P3 COPY OF THE CIRCULAR NO.PIG.COM.4439/12/9/708/61 DATED 16/5/2007 ISSUED
BY THE SECOND RESPONDENT.
P4 COPY OF THE CIRCULAR DATED 17/10/2007 ISSUED BY THE FIRST RESPONDENT
P5 COPY OF THE CIRCULAR DATED 19/10/2007 ISSUED BY THE FIRST RESPONDENT
P6 COPY OF THE CIRCULAR DATED 21/1/2008 ISSUED BY THE FIRST RESPONDENT
P7 COPY OF THE REQUEST LETTER DATED 19/12/2009 SUBMITTED BEFORE THE
4TH RESPONDENT BY THE PETITIONER.
P8 COPY OF THE RECEIPT DATED 1/1/2010 ISSUED TO THE PETITIONER BY THE 4TH
RESPONDENT.
P9 COPY OF THE LETTER NO.DB 25/09-10/CONS.NO.27918/266 DATED 2/2/2010
ISSUED TO THE PETITIONER.
P10 COPY OF THE BILL DATED 16/2/2010 IN CONSUMER NO.27918 FOR AN AMOUNT
OF RS.50,324/- ISSUED TO THE PETITIONER.
P11 COPY OF THE BILL DATED 9/3/2010 ISSUED TO THE PETITIONER.
P12 COPY OF THE INSPECTORATE SANCTION ORDER NO.B-2066/2008 EIW DATED
25/2/2009 ISSUED BY THE ELECRICAL INSPECTOR, WAYANAD.
P13 COPY OF THE OWNERSHIP CERTIFICATE NO.B2-09/10 DATED 4/11/2009 ISSUED
TO THE PETITIONER.
P14 COPY OF THE USE CERTIFICATE DATED 4/12/2009 ISSUED TO THE PETITIONER.
P15 COPY OF THE INTERIM ORDERS DATED 8/7/2008 AND 14/7/09 IN WP(C)
NO.19298/2008.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
B.P.RAY, J.
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W.P.(C)No.9282 of 2010
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Dated this the 21st day of June, 2012
JUDGMENT
Heard the learned counsel for the petitioner and the learned Standing Counsel for KSEB.
2. The petitioner has filed this writ petition with the following prayers:
i) Call for the records leading to Exts.P3, P4, P6 and P10 insofar as it treat the petitioner's service connections as temporary and thereby charging the petitioner at LT III tariff and quash the same by the issuance of a writ of certiorari or such other writ, order or direction;
ii) Issue writ of mandamus or any other appropriate writ, order or direction declaring that the Kerala State Electricity Board does not have any authority to treat the connection given to the mobile operators like the petitioner as temporary and thereby charging the petitioner at LT III tariff for the reason that they have not produced relevant documents at the time of issuance of the connection and direct to accept the January month bill in Con. No.27918 of the petitioner in LT VIIA Tariff and reconnect the disconnected power supply to the petitioner.
3. The petitioner is infrastructure providers for tele communication services. The petitioner has put up Base W.P.(C)No.9282/2010 : 2 : Transceiver Stations throughout the State of Kerala after obtaining requisite building permit/NOC from the local authorities. In view of the allegations regarding health hazards, the petitioner was not allotted building numbers by the concerned local authorities. The petitioner was issued with Exts.P3, P4 and P6 circulars treating the service connection given to the petitioner as temporary. Thereafter, Ext.P10 revised bill was issued. By interim order dated 19/03/2010, this Court permitted the petitioner to pay the electricity charges at the rate applicable to LT VII A tariff.
4. The learned Counsel for the petitioner submits that in the meantime the building has been numbered as MP VIII 475 C,D. Therefore, nothing remains to be adjudicated in this case. The writ petition is closed. Additional demands raised treating the connection given to the petitioner as temporary is quashed and the respondents are directed to treat the petitioner at LT VII A tariff. Accordingly the impugned demands are also modified.
B.P.RAY, JUDGE skj