IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3077 of 2008(N) ------------------------- PETITIONER: -------------- M.V. PHILIPOSE, AGED 47 YEARS, S/O. VARGHESE M.M., MULAMOOTTIL HOUSE, ULLAS NAGAR WADAKKANCHERRY, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENTS: ---------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, WADAKKENCHERRY. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, K.S.E.B., PALAKKAD. BY SRI.P.P.THAJUDEEN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3077 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT Having heard the learned counsel for the petitioner and the learned standing counsel for the Electricity Board, I am satisfied that the impugned Ext.P9 is an order without stating reasons and can, therefore, be treated as an arbitrary one. It is passed on a statutory appeal which enjoins the appellate authority to hear the parties and decide the case on merits on the rival contentions and on facts and in law. Having regard to the grounds raised at hearing as discernible from paragraphs 3 and 4 of Ext.P9 order, the appellate authority ought to have stated specific reasons for rejection of the appeal even if it was a case where the authority was completely satisfied that a case of pathway WP(C)3077/2008 -: 2 :- as alleged has been made out beyond any pale of doubt. Under such circumstances, the impugned Ext.P9 is quashed and the matter is remitted for reconsideration and final decision within two months. The consequential demand will also stand set aside. The petitioner is directed to appear before the appellate authority, the third respondent on 12th of February, 2008. The writ petition is allowed as above. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/