IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WA.No. 2617 of 2007 --------------------------------- AGAINST THE JUDGEMENT IN WPC.24057/2007 .................... APPELLANT(S): RESPONDENTS 1 & 2: ----------------------------------------------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (COMMERCIAL & TARIFF), KSEB, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER & 3RD RESPONDENT -------------------------------------------------------------------------- 1. VODAFONE ESSAR CELLULAR LTD. (FORMERLY BPL MOBILE CELLULAR LTD. AND HUTCHISON ESSAR CELLULAR LIMITED) ASHISH BUILDING, COCHIN-31, REP. BY ITS MANAGER LEGAL RAJESH MELETH VEETTIL, AGED 36, SON OF RAGHAVAN MELETHVEETTIL. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF POWER AND ELECTRICITY, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.SATHISAN FOR R1 R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- WRIT APPEAL NO.2617 OF 2007 ------------------------------------------ Dated this the 27th September, 2010. JUDGMENT K.M. Joseph, J. This Writ Appeal is filed against the Judgment of the learned Single Judge wherein the learned Single Judge followed Ext.P13 Judgment in W.P.(C).No.18368/2007 and directed the respondents to follow Ext.P13 Judgment. 2. Today, when the matter came up, Shri C. K. Karunakaran, learned Senior Counsel appearing for the appellant Electricity Board and Shri P. Sathisan, learned counsel for the first respondent were heard. It is common case that the matter can be treated as covered by the decision of the Kerala State Electricity Regulatory Commission dated 31.8.2010. We record the said submission. It is further submitted by the learned counsel for the first respondent/petitioner that the Writ Appeal can be treated as closed W.A.NO.2617/2007 2 by virtue of the decision of the Commission. Accordingly, we close the Writ Appeal on the basis that the matter is now covered by the decision of the Kerala State Electricity Regulatory Commission which we have referred to above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge