PRINCE ALLOYS PRIVATE LIMITED; PRINCE ROLLINGS PRIVATE LIMITED Vs. KERALA STATE ELECTRICITY REGULATORY COMMISSION REP BY ITS SECRETARY; KERALA STATE ELECTRICITY BOARD REP BY ITS SECRETARY; SPECIAL OFFICER (REVENUE)

JUDGEMENT

(1.) This writ petition has been filed challenging Ext.P12 by which the Kerala State Electricity Regulatory Commission (hereinafter referred to as 'the Commission') had issued a Schedule of Tariff and Terms and Conditions for Retail Supply by the Kerala State Electricity Board (for short 'KSEB') with effect from 01/12/2007 to the extent it imposes a higher rate of energy charges under HT-1 Category for power intensive industries which are allotted with power on or after 17/12/1996. Petitioners also seek for a direction to respondents 2 and 3 to treat the petitioners' industry in the category of industries having power allocation before 17/12/1996 and to levy energy charges at the rate of Rs.3/- per KWH.

(2.) The issue involved in the present writ petition would disclose the following:

(3.) Petitioners submit that till December 2007, energy charges were levied from consumers like the petitioners included under HT-1 category at Rs.3/- per KWH and demand charge was levied at Rs.2.70/-. It is stated that, by Ext.P12, the Commission had revised the schedule of tariff with effect from 01/12/2007 by which certain changes had been made in respect of industries included under HT-1 (industrial) tariff and demand charges. Industries engaged in melting of metals are classified as power intensive industries. However, in respect of power intensive industries which were allotted power on or after 17/12/1996, the rate of energy charges is enhanced to Rs.3.50/- per KWH. Petitioners challenge the above classification inter alia contending that it is highly illegal and erroneous. According to the petitioner, power intensive industries has to be charged at a single rate irrespective of the date on which the power connection had been granted. There is no relevance to the date 17/12/1996 and increasing the rate to such units which had started functioning after 17/12/1996.