IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WA.No. 2188 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.11810/2005 Dated 07/07/2009 .................... APPELLANT/PETITIONER/REVIEW PETITIONER -------------------------------------------------------------------- GEORGE THOMAS, HOTEL NITHYA, MEDICAL COLLEGE JUNCTION, GANDHI NAGAR, KOTTAYAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENTS/RESPONDENTS/RESPONDENTS ------------------------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, GANDHI NAGAR, KOTTAYAM. 3. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, PALLOM, KOTTAYAM. 4. SUB ENGINEER IN CHARGE, ELECTRICAL SECTION, GANDHI NAGAR. BY STANDIG COUNSEL SRI.C.K.KARUNAKARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2188 of 2009 ------------------------------------------ Dated this the 28th day of October, 2009 JUDGMENT A.K.Basheer, J. When this writ appeal is taken up for consideration, learned counsel for the appellant submits that the appellant will be satisfied if he is relegated to the statutory authority to avail of the remedy available to him under Regulation 48 of the Conditions of Supply of Electrical Energy, 1999. But his only prayer is that all the contentions raised by him in the writ petition as well as the writ appeal may be left open. Having regard to the peculiar facts and circumstances of the case, we are satisfied that the above prayer can be granted. Therefore, the writ appeal is closed with liberty to WA No.2188 of 2009 -:2:- the appellant to pursue the statutory remedy available to him as indicated above. All the contentions of the appellant are left open. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns