IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WA.No. 2173 of 2007() --------------------- AGAINST THE ORDER IN RP.65/2005 Dated 12/03/2007 .................... APPELLANT: -------------- M/S.TACKSUN RUBBERS,MUDAPALLUR, PALAKKAD REPRESENTED BY ITS PROPRIETOR, K.K.KOCHUGOVINDAN. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECTRETARY, VYDYUTHI BHAVANAM,PATTOM PALACE P.O, THIRUVANANTHAPURAM. 2. ASST.EXECUTIVE ENGINEER,APTS, KERALA STATE ELECTRICITY BOARD, PALAKKAD. 3. ASST.EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD,SECTION OFFICE, MUDAPALLUR. 4. SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,MUDAPALLUR. 5. CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1-5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.A.No. 2173 of 2007 -------------------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner. Petitioner approached this court aggrieved by Exts.P7 and P8 demands made by the respondents. The dispute pertains to electricity charges payable by the petitioner. Learned single Judge disposed of the writ petition observing that the petitioner had to invoke the appellate remedy before the Executive Engineer. The appellant, finding that Regulation 48A remedy was not available in view of the introduction of the Electricity Act 2003, attempted for a review. That was dismissed on the ground that the same was belated. Be that as it may, the fact remains that there is an effective forum for adjudication of the types of disputes as raised in the writ petition, the Consumer Grievances Redressal Forum constituted under Section 42(5) of the Electricity Act, 2003. Therefore, we are of the view that an opportunity should be given to the appellant to have the grievances adjudicated before the W.A.No. 2173 of 2007 -:2:- said Forum. 2. In view of the above circumstances, we dispose of the writ appeal as follows. In the event of the appellant approaching the Consumer Grievances Redressal Forum against Exts.P7 and P8 within a period of one month from today, the same shall be treated to have been filed in time. Thereafter the said Forum will consider the matter on merits with notice to the petitioner and the same shall be disposed of in accordance with law within another four months. In case the petitioner has not remitted the amount of Rs.80,000/- as directed in the judgment, the same shall be done within the period of one month referred to above, as a condition precedent to filing of the appeal. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.A.No. 2173 of 2007 ---------------------------- JUDGMENT 24th March, 2009