IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 993 of 2009(R) ------------------------------------------- PETITIONER(S): ---------------------- SEEYEN PLYWOODS, MILL ROAD, VALAPATTANAM, KANNUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER K.P. NAZEER HAJI. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL SMT.M.K.MEHRUNISHA BASIMA RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE, VIDHYUTHI BHAVAN, KANNUR-2 3. ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, AZHIKODE, KANNUR DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 993 OF 2009 R -------------------------------------- Dated this the 13th January, 2009 JUDGMENT Petitioner challenges Ext.P6 order dated 23.12.2008. Admittedly, it is appealable under Section 127 of the Electricity Act within a period of one month. 2. Shri P.M. Pareeth, learned counsel for the petitioner would point out that the Mahazar is defective. Further, he contends that the records were not perused. What was already there in 1992 alone is there even now and yet, the order is passed casting a huge liability, he contends. 3. I feel that these are all matters which, it is open to the petitioner to urge in a statutory appeal under Section 127 of the Act. An appellate power is certainly much wider than the supervisory jurisdiction under Article 226. I see no reason to think that if the Mahazar is found to be defective, the appellate authority will not grant appropriate relief on the said basis. With these observations, the petitioner is relegated to the remedy WPC.993/09 R 2 of filing Appeal under Section 127 of the Electricity Act. The Writ Petition is disposed of as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge