Disposed

M/S. Nagarjuna Herbal Concentrates v. Kerala State Electricity Board

Kerala HC26 Nov 2012WA/1712/2012

Case brief

AI extract

What is this about?

The High Court quashed an appellate order for abdication of power by the Deputy Chief Engineer who adopted a synopsis rather than a decision, directing him to hear the case and decide afresh within three weeks.

What did the court decide?

Quashed the appellate order; directed the Deputy Chief Engineer (Commercial) to hear the appellant within three weeks and pass orders afresh.

M/S. Nagarjuna Herbal Concentrates Vs Kerala State Electricity Board — Kerala HC (2012) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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MONDAY, THE 26TH DAY OF NOVEMBER 2012/5TH AGRAHAYANA 1934

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WA.No. 1712 of 2012 () IN WPC/29677/2004

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----------------------------------------AGAINST THE JUDGMENT IN WPC.29677/2004 DATED

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APPELLANT/RESPONDENTS :

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M/S. NAGARJUNA HERBAL CONCENTRATES

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A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT KALAYATHANI P.O.THODUPUZHA, IDUKKI DISTRICT. HEREIN REPRESENTED BY ITS ASSISTANT MANAGER BINU JOSE, S/O.V.C.JOSEPH, AGED 40 YEARS, RESIDNG AT VATTAKUNNEL HOUSE, THODUPUZHA, IDUKKI, ASSISTANT MANAGER (LEGAL) NAGARJUNA HERBAL CONCENTRATES LTD. KALAYANTHANI, ALAKKODE THODUPUZHA.

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BY ADV. SRI.R.PARTHASARATHY

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RESPONDENTS/RESPONDENTS :

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM - 695001.

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2. THE SPECIAL OFFICER (REVENUE) KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM - 695001

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3. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE, THODUPUZHA - 685584

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R1 TO R3 BY ADVS. SRI.P.SANTHALINGAM (SR.)

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SRI.S.SHARAN,SC,K.S.E.BOARD

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B.RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ.

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W.A.No.1712 of 2012

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Dated this the 26^th day of November, 2012

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JUDGMENT

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Thottathil B.Radhakrishnan, J.

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1.Heard learned counsel for the petitioner and learned counsel for the Kerala State Electricity Board.

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2.The learned counsel for the appellant may be justified in saying that the learned single Judge did not focus attention to the issues raised in the writ petition.

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3.Looking at Ext.P11, the appellate order, purportedly issued by the Deputy Chief Engineer (Commercial), we are clear in our mind that there is abdication of power and duties in as much as the Deputy Chief Engineer (Commercial), who is the appellate authority, going by paragraph 7 of Ext.P11, has clearly demonstrated that he did not decide the matter.

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WA.1712/12

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Instead, he made “a synopsis” of the contentions in the appeal which led to Ext.P11 and placed it before the KSE Board which, in turn, issued directions to him on the basis of its views. This is not the manner in which an appeal ought to be decided. If the Deputy Chief Engineer is the appellate authority; the matter has to be decided at that level, untrammelled by any direction or interference by the Board specifically on that case, though any general guidelines or Board order binding on the process could be considered. If the Deputy Chief Engineer (Commercial) considers the appeal in such a manner, that would also leave open the entitlement of the consumer to seek indulgence of the KSE Board for any further relief, unless the statute excludes it, or even, for indulgence, having regard to the commercial wisdom of the Board.

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4.In the aforesaid situation, Ext.P11 is quashed and the Deputy Chief Engineer (Commercial) is directed to hear the appellant within a period of three weeks from now and pass

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WA.1712/12

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orders afresh on Ext.P11, after considering the matter by himself. To enable this, we also vacate the judgment impugned in this appeal. The appellant is directed to mark appearance in the office of the Deputy Chief Engineer (Commercial) at 11 a.m. on 11.12.2012. Proceedings shall follow accordingly.

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Appeal ordered accordingly.

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Sd/N.K.BALAKRISHNAN

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kkb.26/11.

M/S. Nagarjuna Herbal Concentrates v. Kerala State Electricity Board

Case brief

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M/S. Nagarjuna Herbal Concentrates v. Kerala State Electricity Board

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