Surendran D. v. The Kseb

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 226 of 2015 (C) -------------------------- PETITIONER:

------------------- SURENDRAN. D., AGED 49 YEARS, S/O. K. DAMODARAN, DAMODARA VILASOM, VATTAPARA P.O., THIRUVANANTHAPURAM 28.

BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENTS:

------------------------ 1.

THE KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS SECRETARY, KSEBL, PATTOM, THIRUVANANTHAPURAM 695 001.

2.

THE DEPUTY CHIEF ENGINEER (ELECTRICAL CIRCLE), TRIVANDRUM RURAL, KATTAKADA, THIRUVANANTHAPURAM 695 028.

3.

THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, KATTAKADA 695 028.

4.

THE ASST. ENGINEER ELECTRICAL SECTION, VATTAPARA, THIRUVANANTHAPURAM 695 042.

5.

THE SUB ENGINEER, ELECTRICAL DIVISIONAL SQUAD, KAZHAKOOTAM, THIRUVANANTHAPURAM 695 001.

BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 226/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE MAHAZAR.

EXHIBIT P2 :

TRUE COPY OF THE FINAL ASSESSMENT ORDER DATED 14.08.20123.

EXHIBIT P3 :

TRUE COPY OF THE RECEIPT DATED 23.10.2013.

EXHIBIT P4 :

TRUE COPY OF THE NOTICE DATED 10.10.2014.

EXHIBIT P5 :

TRUE COPY OF THE JUDGMENT DATED 19.12.2014 IWPC 29831/2014 EXHIBIT P6 :

TRUE COPY OF THE ORDER DATED 19.11.2014.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 226 OF 2015 ------------------------------------ Dated this the 6th day of January, 2015

JUDGMENT

The issue is covered by Muhammad Haji Vs. Assistant Engineer, Electrical Section, Kannur and others [2014 (4) KHC 272 (DB)]. Therefore Ext.P6 order passed in appeal against Ext.P2 order has necessarily be quashed. I do so. 2.

The second respondent is directed to forward Appeal No. 140/2013-14 to the newly constituted appellate authority. The Standing Counsel for the KSEB submits that such appellate authority has been newly constituted in the light of Muhammad Haji's case.

3.

The appeal on such transmission shall be considered by the newly constituted appellate authority expeditiously. Every endeavour shall be made to pass final orders thereon within a period of three months from the date of production of a copy of this judgment.

4.

It is also open to the petitioner to move for appropriate interim reliefs in the statutory appeal before the

WP(C) No. 226/2015 appellate authority newly constituted. Status quo as on today shall be continued for a period of three weeks to enable the petitioner to move for such interim reliefs.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd