M/S.Indsil Hydro Power And … vs Kerala State Electricity Board on 24 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1817 of 2009()


1. M/S.INDSIL HYDRO POWER AND MANGANSESE
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE MEMBER (TRANSMISSION AND

3. THE SPECIAL OFFICER (REVENUE),

4. THE DEPUTY CHIEF ENGINEER (TC),

5. THE ASSISTANT ENGINEER,

                For Petitioner  :SRI.JOSEPH KODIANTHARA

                For Respondent  : No Appearance

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

 Dated :24/09/2009

 O R D E R
            S.R.BANNURMATH, C.J. & A.K.BASHEER, J.
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                              W.A.No.1817 OF 2009
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               Dated this the 24th day of September 2009

                                     JUDGMENT

S.R.BANNURMATH, C.J.

After hearing Sri.S.Ganesh, learned Senior Counsel appearing

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

respondent, Kerala Electricity Board and on going through the

impugned judgment of the learned Single Judge dated, 17th June,

2009, we find that though several questions on merits are raised the

learned Single Judge even though referred to them in the judgment,

has not given any findings, and as such at this stage itself it would be,

in our view, just and proper to remit the matter back to the learned

Single Judge to consider the case afresh on merits and decide the

same in accordance with law. All the contentions raised by both the

sides in the appeal are left open.

In the result, the judgment of the learned Single Judge in Writ

Petition No.20873/08, dated 17th June, 2009 is set aside and the

matter stands remitted back to the learned Single Judge for fresh

disposal in accordance with law on merits. Learned Single Judge is

W.A.No.1817 OF 2009
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requested to dispose of the matter as expeditiously as possible, at any

rate, within three months from the date of receipt of a copy of the this

judgment or on production of the same by either of the parties. In the

meanwhile, the interim order passed in the writ appeal shall continue.

(S.R.BANNURMATH)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE
jes