M SAINALABDEEN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The question posed in all these cases is whether cashew packing units would fall under LT-IV industrial tariff or under LT-VIIA commercial tariff.

(2.) Earlier Original Petition No. 31706 of 2002 was filed before this Court which was disposed of by a learned Single Judge of this Court directing the fourth respondent therein, the Deputy Chief Engineer, to take a decision on the petitioner's representation. Following that direction, it is seen, on the basis of the note submitted by the Deputy Chief Engineer, Kottayam, Kerla State Electricity Board issued Circular dated 19-4-2003 which clarified that cashew packing units may be charged under commercial tariff, legality of which is challenged in these Writ Petitions.

(3.) Kerala State Electricity Board has issued a Circular in the wake of the direction of the learned Single Judge to dispose of the representation. Petitioners questioned the power of the Board to fix the tariff for cashew packing units placing them under LT-VIIA commercial tariff. Petitioners contend that packing of cashew kernels is the last stage of cashew manufacturing process. Petitioners in all these cases are cashew exporters. They manufacture cashew kernel from raw cashew nuts by roasting the cashew nuts and removal of the shell and recovery of cashew kernel is done in the cashew factories. A few of the petitioners have got their own attached factories and certain others elsewhere. Petitioners submit that cashew packing units are integrally connected with the manufacturing process, being part of the industry and hence falls under LT-IV industrial and not under LT-VIIA commercial.