K.P.Ibrahim v. Assistant Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H WP(C).No. 25844 of 2015 (E) ---------------------------- PETITIONER:

------------------ K.P.IBRAHIM, AGED 41 YEARS, S/O. K.V. MOIDEEN, ROYAL HERITAGE, THANA, KANNUR.

BY ADVS.SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENTS:

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

ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KANNUR 670 001.

2.

DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, VATAKARA - 673 101.

BY SRI.JAICE JACOB,SC,KERALA STATE ELECTRICITY BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 25844/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

PHOTOSTAT COPY OF THE INSPECTION MEMO ALONG WITH SITE MAHASSAR.

EXHIBIT P2 :

PHOTOSTAT COPY OF THE BILL ISSUED BY THE RESPONDENT BOARD.

EXHIBIT 3 :

PHOTOSTAT COPY OF THE COVERING LETTER ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 :

PHOTOSTAT COPY OF THE ORDER IN APPEAL NO. 69/2013-14 DATED 31.12.2014.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 25844 OF 2015 ------------------------------------ Dated this the 21st day of August, 2015

JUDGMENT

The second respondent obviously lacks jurisdiction to hear Ext.P4 appeal [see Muhammad Haji Vs. Kerala State Electricity Board 2014 (3) KLT 706].

2.

The second respondent is directed to transmit Ext.P4 appeal to the appellate authority newly constituted. The same shall be done within a period of one month from the date of receipt of a copy of this judgment.

3.

Every endeavour shall be made to pass final orders by the appellate authority constituted without delay. The petitioner is free to apply for appropriate interim orders in the appeal before the appellate authority.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd