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2022 Supreme(Online)(KER) 48188

KANJIRAPPILLY AMUSEMENT PARK AND HOTELS (P) LIMITED – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Petitioner is a company running an amusement water theme park named “M/s.Dream World Private Limited”. According to the petitioner, the water theme park remains closed since March, 2020 upon orders from the State Government due to the restrictions brought in on account of Covid-19 pandemic.

2. Petitioner being a High Tension consumer, due to the closure of the water theme park under the direction of the Government, complains that, notwithstanding the closure directed by the Government, they are compelled to pay the fixed charges under the Electricity Act, 2003. Since the closure of the water theme park was under the direction of the State Government, compelling the petitioner to pay the fixed charges, according to the petitioner is, inequitable, illegal and unjust. 3. Though this writ petition seeks for a direction to consider the representations filed as Ext.P3 to Ext.P5 pending before the Electricity Board, during the course of the proceedings in this writ petition, petitioner filed a representation before the State Government seeking waiver/reduction of fixed charges payable by the petitioner, a copy of the said representation is produced as Ext.P7.

4. Having regard to th

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