SEA FOOD EXPORTERS ASSOCIATION OF INDIA v. KERALA STATE ELECTRICITY REGULATORY COMMISSION
Case at a glance
Outcome
Disposed of
petitions are disposed of directing that if any
Provisions considered
Judgment
SEA FOOD EXPORTERS ASSOCIATION OF INDIA, SEAFOOD HOUSE, WILLINGTON ISLAND, COCHIN- 682 003, REP. BY VIDE PRESIDENT. M/S. SREEVAS EXPORT ENTERPRISES (P) LTD., 18/70, PARRY JUNCTION, COCHIN-5, REP. BY DIRECTOR, G.P. NAIR.
BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS: ----------------------
KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVAN, C.V. RAMANPILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM. KERALA STATE ELECTRICITY BOARD, VYDHUTHI BAHVAN, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, AROOR, ALAPPUZHA DIST. R2 AND R3 BY ADV. SRI. P.P.THAJUDEEN - SC R1 ADV. SRI. T.K. KUNHABDULLA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008 ALONG WITH WP(C) NO. 10381/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.10363, 10381, 10439, 10391 & 10456 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2008. JUDGMENT
All the captioned writ petitions are by operators of Seafood Processing Plants excepting the first petitioner in WP(C).10363/2008, which is the Sea Food Exporters Association of India stated to be recognized in different litigations as espousing the cause of the sea food exports, including the successful challenge before the Apex Court against the provisions of the Kerala Fishermen Welfare Fund Act.
2. The issue raised is as to whether the sea food processing plants and their storage units are to be governed under LT VIIA tariff or LT IV tariff. The Kerala State Electricity Regulatory WP(C)10363/08 & con.cases -: 2 :- Commission has already decided to hear the issue, following the directions issued by this Court in different matters. It is stated that the directions issued in similar matters have been taken into consideration and the matter is likely to be disposed of finally at the earliest, at any rate, within a period of four months fixed as per the judgments already issued.
Operative part
3. Under the aforesaid circumstances, these writ petitions are disposed of directing that if any among the petitioners herein, including the Sea Food Exporters Association of India, desires to be heard by the Tariff Regulatory Commission, which is also duty bound to afford public hearing in terms of the Electricity Act, 2003, such petitioner may approach the Commission for hearing before the matter is finally disposed of by the Commission. It is clarified that no direction contained in this judgment requires the Commissioner to adjourn the listing of the matter, if it has already fixed for hearing on any WP(C)10363/08 & con.cases -: 3 :- particular date. The petitioners and any person entitled to be heard, shall be entitled to request the Commission for such hearing on the strength of this judgment. Having regard to the fact that the issue in hand is gaining the attention of the Tariff Regulatory Commission and needs to be resolved particularly because, the categorization on the basis of the nature of the activity is a technical one to be considered by the Commission and because, this issue has resulted in good many writ petitions being filed, it is directed at the instance of the first petitioner in WP(C). 10363/2008 that until a decision is arrived at by the Tariff Regulatory Commission on the coverage of the sea food processing plants, the KSE Board will be at liberty to raise bills under LT VIIA tariff, however without insisting on remittances except under LT IV tariff. If there is any disconnection on the basis of any demands on the basis of LT VIIA tariff, re-connection shall be made without insisting on payment of re-connection charges and the parties, including the members of WP(C)10363/08 & con.cases -: 4 :- the first petitioner in WP(C).10363/2008, will be governed by the directions contained in this judgment till the issue is finally decided by the Commission. It is clarified that this judgment will stand confined to the individual petitioners in these writ petitions and to the members of the first petitioner in WP(C).10363/2008. All bills which have been issued under LT VIIA as of now, would stand regulated by the directions herein. THOTTATHIL B. RADHAKRISHNAN, Sha/270308 JUDGE.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petitions are disposed of directing that if any
Which statutory provisions did this judgment involve?
Kerala Fishermen Welfare Fund Act; Electricity Act, 2003.
Which court decided this case, and when?
Kerala High Court, on 27 Mar 2008. The bench was THOTTATHIL B RADHAKRISHNAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.