High Court Kerala High Court

K.S.Ganesh vs Kseb on 12 November, 2009

Kerala High Court
K.S.Ganesh vs Kseb on 12 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2531 of 2009()



1. K.S.GANESH
                      ...  Petitioner

                        Vs

1. KSEB
                       ...       Respondent

                For Petitioner  :SRI.SHAJI CHIRAYATH

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :12/11/2009

 O R D E R
       S.R. Bannurmath, C.J. & A.K. Basheer, J.

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                      W.A.No. 2531 OF 2009
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          Dated this the 12th day of November, 2009

                             JUDGMENT

Basheer, J.

Appellant impugns the interim order passed by the

learned Single Judge by which the prayer made by the

appellant to restore electricity connection to this industrial

unit was rejected.

2. The learned Judge took the view that without making

payment of the entire amount covered under Ext.P4,

restoration cannot be ordered.

3. We have heard Sri.Shaji Chirayath, learned counsel

for the appellant and Sri.C.K.Karunakaran, learned Standing

Counsel for the Board.

4. Having heard learned counsel for the parties, we are

of the view that the order passed by the learned Single Judge

cannot be faulted. However, since the learned counsel

submits that the appellant is prepared to furnish bank

guarantee for the amount of Rs.4,44,752/-(Rupees four lakhs

WA No.2531 of 2009
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fourty four thousand seven hundred and fifty two only) as

demanded by the Board in Ext.P4, we are of the view that the

appellant can be directed to do so, in which event the Board shall

restore the connection to the petitioner’s establishment. Ordered

accordingly.

The Writ Appeal is disposed of in the above terms.

S.R. Bannurmath,
Chief Justice.

A.K. Basheer,
Judge.

ttb