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Kerala High Court

The Kerala State Electricity Board vs Elizabeth Mathai Idiculla on 4 September, 2012

Author: A.V.Ramakrishna Pillai

Bench: Thottathil B.Radhakrishnan, A.V.Ramakrishna Pillai

       

  

  

 
 
                            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                        PRESENT:

               THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
                                                              &
                        THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

             TUESDAY, THE 4TH DAY OF DECEMBER 2012/13TH AGRAHAYANA 1934

                                               WA.No. 2088 of 2012 ()
                                           -----------------------------------------
                  AGAINST THE JUDGMENT IN WPC.19571/2012 DATED 04.09.2012
                                                       ----------------

APPELLANTS / RESPONDENTS :
-----------------------------------------------

          1. THE KERALA STATE ELECTRICITY BOARD
              VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
              PIN- 695 004, REPRESENTED BY ITS SECRETARY.

          2. THE ASSISTANT EXECUTIVE ENGINEER,
              THE KERALA STATE ELECTRICITY BOARD,
              ELECTRICAL SECTION COLLEGE
              ERNAKULAM, COCHIN - 682 035.

          3. THE EXECUTIVE ENGINEER
              THE KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION
               ERNAKULAM, COCHIN - 682018.

              BY ADV. SRI.K.M.SATHYANATHA MENON, SC, KSEB

RESPONDENTS / PETITIONER :
---------------------------------------------

              ELIZABETH MATHAI IDICULLA,
              37/1068, KOIDYAT, 5-VRINDAVANAM
              SUBHASH CHANDRA BOSE ROAD, ELAMKULAM,
              VYTTILA P.O., COCHIN - 682 019.

              BY ADV. SRI. GEORGE CHERIAN THIRUVALLA


            THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04-12-2012,
            THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


Mn


                                                                                        ...2/-

WA.No. 2088 of 2012 ()


                                  APPENDIX

PETITIONER'S ANNEXURE :


ANNEXURE A      : COPY OF THE CIRCULAR ISSUED BY KERALA STATE ELECTRICITY
                  BOARD DATED 17.10.2007.


ANNEXURE B      : COPY OF THE CIRCULAR ISSUED BY KERALA STATE ELECTRICITY
                  BOARD DATED 17.10.2007.



RESPONDENT'S EXHIBITS :     NIL


                                                           //TRUE COPY//



                                                           P.S. TO JUDGE

Mn



            THOTTATHIL B.RADHAKRISHNAN
                                    &
               A.V.RAMAKRISHNA PILLAI, JJ.
                    -----------------------------------
                      W.A.No.2088 of 2012
                    ------------------------------------
            Dated this the 4th day of December, 2012


                            JUDGMENT

Thottathil B.Radhakrishnan, J.

Heard learned counsel for the appellant Kerala State Electricity Board. Adv.George Cherian Thiruvalla appears for the respondent.

The impugned judgment issued relying on Ext.P7 judgment of the Division Bench in W.A.970/12 is in conformity with the ratio of that judgment. That being so, we do not find any legal infirmity warranting interference with the impugned judgment. We record the submission of the Kerala State Electricity Board that the judgment in W.A.970/12 is pending consideration of the Hon'ble Supreme Court of India in an SLP. Having noticed that no ground exists to interfere with the impugned judgment, the writ appeal is dismissed. The impugned judgment shall be given effect to by WA.2088/12 2 the Board subject to the result of the SLP aforenoted and without prejudice to the contentions in that appeal or in any appeal that may be instituted against this judgment.

Sd/-

THOTTATHIL B.RADHAKRISHNAN Judge Sd/-

A.V.RAMAKRISHNA PILLAI Judge kkb.6/12.