Shamsuddin N.P v. The Kerala State Electricity Appellate Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 32746 of 2015 (P) --------------------------------------- PETITIONER(S):

----------------------- SHAMSUDDIN N.P., AGED 59 YEARS, S/O.LATE P.ABOOBACKER, KASER AL NAZEEMA, S.S. ROAD, CHIRAKKARA, THALASSERY, REPRESENTED BY HIS POWER OF ATTORNEY K.P.KARUNAKARAN, S/O.KUMARAN, AGED 61, KUDUVANGAL HOUSE,VADAKKUMPAD P.O., ERANHOLI PANCHAYATH, THALASSERY, KANNUR DISTRICT. BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S):

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

THE KERALA STATE ELECTRICITY APPELLATE AUTHORITY, (CONSTITUTED UNDER SECTION 127 OF ELECTRICITY ACT 2003, CC 51/52, NEAR 110 KV SUB STATION, VYTTILA, KOCHI - 682 019.

2.

ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, THALASSERY, KANNUR DISTRICT, PIN - 670 028.

BY ADV. SRI.JAICE JACOB, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 32746 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE ORDER DTD.7.3.2015 ISSUED BY THE SECOND RESPONDENT.

EXT.P2: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

EXT.P3: TRUE COPY OF THE HEARING NOTICE DTD.23.6.2015 ISSUED BY THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.32746 OF 2015 (P) ----------------------------------- Dated this the 28th day of October, 2015

J U D G M E N T

The petitioner, who was aggrieved by Ext.P1 order passed under the Electricity Act, preferred Ext.P2 appeal before the 1st respondent Appellate Authority. The grievance of the petitioner in the writ petition is that although the 1st respondent has already heard the appeal as early as on 16.7.2015, no orders have been passed in Ext.P2 appeal till date. It is therefore that the petitioner approached this Court for a direction to the 1st respondent to pass expeditious orders in Ext.P2 appeal preferred by the petitioner.

2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to pass final orders in Ext.P2 appeal within a period of one month from the date of receipt of a copy of this judgment.

A.K.JAYASANKARAN NAMBIAR JUDGE prp/28/10/15