Kerala High Court
Kerala State Electricity Board Ltd vs Ntpc Limited on 11 February, 2021
Author: A.M.Badar
Bench: A.M.Badar
WP(C).No.8123 OF 2020(M) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
WP(C).No.8123 OF 2020(M)
PETITIONER:
KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM,
THIRUVANANTHAPURAM, KERALA-695004 , AUTHORISED TO
ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE
STANDING COUNSEL, KERALA STATE ELECTRICITY BOARD
LIMITED, ERNAKULAM.
BY ADVS.
SRI.N.KRISHNA PRASAD
SRI.IMAM GRIGORIOS KARAT
RESPONDENTS:
1 NTPC LIMITED,
NTPC BHAWAN, CORE-7, SCOPE COMPLEX, 7,
INSTITUTIONAL AREA, LODHI ROAD, NEW DELHI-110003.
2 THE EXECUTIVE DIRECTOR,
SOUTHERN REGIONAL LOAD DISPATCH CENTRE, 29,
RACE COURSE ROAD, BANGALORE-560009.
3 THE EXECUTIVE DIRECTOR,
EASTERN REGIONAL LOAD DISPATCH CENTRE,
14, GOLF CLUB ROAD, TOLLYGUNE, KOLKATTA-700033.
4 STATE LOAD DESPATCH CENTRE,
THE CHIEF ENGINEER, TRANSMISSION-SYSTEM OPERATION,
KERALA SLDC, KSEB COMPLEX,
KOCHI, KERALA-683104.
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF POWER, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
WP(C).No.8123 OF 2020(M) 2
6 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF POWER,
NEW DELHI-110001.
7 KERALA STATE ELECTRICITY REGULATORY COMMISSION,
KPFC BHAVANAM, VELLAYAMBALAM, OPPOSITE POLICE
HEADQUARTERS, THIRUVANANTHAPURAM-695033.
R1 BY ADV. SRI.ADITHYA RAJEEV
R1 BY ADV. SRI.S.SREEKUMAR (SR.)
R6 BY ADV. SMT.M.S.KIRAN, CGC
R7 BY SRI.VIPIN P.VARGHESE, SC, KSERC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8123 OF 2020(M) 3
JUDGMENT
Dated this the 11th day of February 2021 The learned counsel for the petitioner submits that in the light of minutes of the meeting at Ext.P35, the petition be closed as the matter has been settled amicably. In this view of the matter, the Writ Petition is closed.
SD/-
A.M.BADAR JUDGE ab WP(C).No.8123 OF 2020(M) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIRST RESPONDENT NOTICE DATED 22/2/2020.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT DATED 07/03/2020.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION OF THE SOUTHERN REGIONAL LOAD DESPATCH CENTRE TO THE PETITIONER DATED 07/03/2020 ALONG WITH THE IMPLEMENTATION PLAN.
EXHIBIT P4 TRUE COPY OF THE CENTRAL ELECTRICITY REGULATORY COMMISSION (REGULATION OF POWER SUPPLY) REGULATIONS, 2010.
EXHIBIT P5 TRUE COPY OF THE BULK POWER SUPPLY AGREEMENT DATED 28/09/1993.
EXHIBIT P6 TRUE COPY OF THE POWER PURCHASE AGREEMENT DATED 06/01/1995 WITH THE FIRST RESPONDENT FOR PURCHASE OF POWER FROM THE GENERATION STATION AT KAYAMKULAM.
EXHIBIT P7 TRUE COPY OF THE POWER PURCHASE AGREEMENT DATED 10/6/1998 WITH THE FIRST RESPONDENT FOR PURCHASE OF POWER FROM ITS OTHER GENERATING STATIONS.
EXHIBIT P8 TRUE COPY OF THE POWER PURCHASE AGREEMENT DATED 19/07/2001 WITH THE FIRST RESPONDENT FOR DRAWING POWER FROM THE RAMAGUDAM STPS STAGE III.
EXHIBIT P9 TRUE COPY OF THE EXTENDED TRIPARTITE AGREEMENT.
EXHIBIT P10 TRUE COPY OF THE POWER PURCHASE AGREEMENT DATED 14/09/2007 WITH THE FIRST RESPONDENT FOR PURCHASE OF POWER FROM ITS GENERATING PLANT/STAT6ION AT SIMHADRI.WP(C).No.8123 OF 2020(M) 5
EXHIBIT P11 TRUE COPY OF THE POWER PURCHASE AGREEMENT WITH THE FIRST RESPONDENT DATED 3/11/2010.
EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 26/10/2012 ALONG WITH THE DRAFT SUPPLEMENTARY AGREEMENT.
EXHIBIT P12(A) TRUE COPY OF THE REPLY OF THE PETITIONER DATED 28/12/2012.
EXHIBIT P13 TRUE COPY OF THE COMMUNICATION OF THE BOARD ADDRESSED TO THE FIRST RESPONDENT DATED 13/02/2013 ALSO ATTACHING A COPY OF THE DRAFT AGREEMENT WITH THE MODIFICATIONS.
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER TO THE 1ST RESPONDENT DATED 14/02/2013.
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT TO THE PETITIONER DATED 14/02/2013.
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER ADDRESSED TO THE FIRST RESPONDENT DATED 15/02/2013.
EXHIBIT P17 TRUE COPY OF THE SUPPLEMENTARY POWER PURCHASE AGREEMENT DATED 15/02/2013.
EXHIBIT P18 TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY REGULATORY COMMISSION DATED 27/04/2017.
EXHIBIT P19 TRUE COPY OF THE PROCEEDINGS OF THE CENTRAL ELECTRICITY REGULATORY COMMISSION, NEW DELHI DATED 28/09/2017.
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER DATED 27/02/2018.
EXHIBIT P21 TRUE COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DATED 13/08/2018.
EXHIBIT P22 TRUE COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DATED 17/07/2018.
EXHIBIT P23 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER TO THE 1ST RESPONDENT WP(C).No.8123 OF 2020(M) 6 DATED 03/09/2018.
EXHIBIT P24 TRUE COPY OF THE MINUTES OF MEETING BETWEEN PETITIONER AND 1ST RESPONDENT.
EXHIBIT P25 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER DATED 31/05/2019.
EXHIBIT P26 TRUE COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT TO THE PETITIONER DATED 5/06/2019.
EXHIBIT P27 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER TO THE 1ST RESPONDENT DATED 10/7/2019.
EXHIBIT P28 TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER DATED 08/07/2019.
EXHIBIT P29 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER DATED 28/09/2019.
EXHIBIT P30 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER ADDRESSED TO THE FIRST RESPONDENT DATED 16/01/2020.
EXHIBIT P31 TRUE COPY OF THE REPLY OF THE PETITIONER DATED 29/02/2020.
EXHIBIT P32 TRUE COPY OF THE LETTER OF THE PETITIONER DATED 29/02/2020.
EXHIBIT P33 TRUE COPY OF THE RECORD OF THE DISCUSSION HELD ON 07/03/2020.
EXHIBIT P34 TRUE COPY OF THE COMMUNICATION OF THE PETITIONER DATED 10/03/2020 ISSUED TO THE SECOND AND THIRD RESPONDENTS.
RESPONDENTS EXHIBITS:
EXT.R1(A) COPY OF LETTER DTD.14.3.2020 EXT.R1(B) COPY OF LETTER DTD.20.3.2020 EXT.R1(C) COPY OF THE NOTIFICATION DTD 30.4.2020 EXT.R1(D) COPY OF THE MOP LETTER DTD.29.10.2005 WP(C).No.8123 OF 2020(M) 7 EXT.R1(E) COPY OF THE KSEB LETTER DTD.23.6.2008 EXT.R1(F) COPY OF THE KSEB LETTER DTD.3.2.2010 EXT.R1(G) COPY OF THE LETTER DTD.18.2.2013 EXT.R1(H) COPY OF THE LETTER DTD.3.6.2019