Allowed
The Asst. Exe. Engineer, Alathur and Ano v. M.a.Abdul Amanulla
Kerala HCWA/1306/2007
Case brief
from the order text
What is this about?
HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…
What the court decided
AI extract
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI
TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930
WA.No. 1306 of 2007() --------------------{IN OP.22379/1999 OF THIS COURT} ....................
APPELLANT(S): RESPONDENTS
1. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION ALATHUR
BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB
RESPONDENT(S): PETITIONER -------------------------------------------------
M.A.ABDUL AMANULLA PROPRIETOR, JAWAHAR POLY PRODUCTS PADOOR, ALATHUR
ADV. SRI.P.VIJAYA BHANU
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J.B. KOSHY, Ag.C.J. &
V.GIRI, J.
W.A.No.1306 of 2007
Dated this the 3rd day of February, 2009.
JUDGMENT
Koshy, Ag.C.J.
The writ petitioner challenged Exts.P1 and P2 bills before the learned single Judge. Learned single Judge allowed the writ petition and set aside the bills, relying upon the decision of the Division Bench in W.A.No.1231/03. Aggrieved by the judgment, the respondents have come up in appeal.
W.A.No.1306 of 2007
:: 2 ::
for imposing the maximum penalty. Therefore, we set aside the judgment under appeal and Exts.P1 and P2 and direct the 1st respondent to hear the writ petitioner. The parties are directed to treat Exts.P1 and P2 only as show cause notices. The 1st respondent is directed to hear the writ petitioner and pass a detailed order. Only after passing a detailed order, further steps can be taken.
Writ appeal is allowed to the above extent.
Sd/( J.B. KOSHY) ACTING CHIEF JUSTICE
Sd/(V.GIRI) JUDGE
sk/
//true copy//
P.S. to Judge
1 issue framed by the court
Whether the maximum penalty in_Exts.P1 and P2_was imposed without stated reasons.
Colour shows how this judgement treated each authority
W.A.No.1231/03Distinguished¶22
Kerala State Electricity Board
Assistant Executive Engineer Electrical Major Section Alathur
M.A. Abdulla
J.B. KOSHY
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court