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 FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 389 of 2009 ------ -------------------- AGAINST THE JUDGEMENT IN OP.25410/1999 Dated 06/10/2008 .................... APPELLANT/PETITIONER: ------------------------------------- M/S.SAXON CASTINGS (P) LTD. ELAPPULLY PO, PALAKKAD DISTRICT, REP. BY ITS DIRECTOR IN CHARGE, NANDAKUMAR S/O.KUNCHU KAIMAL,MOORKANATTU HOUSE,THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA , REP. BY THE COMMISSIONER & SECRETARY , POWER (A) DEPARTMENT GOVT, OF KERALA, SECRETARIAT,TRIVANDRUM. 2. KERALA STATE ELECTRICITY BOARD REP. BY THE SECRETARY, VAIDHUTHI BHAVAN, PATTOM, PALACE PO, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER ELECTRICAL CIRCLE,KERALA STATE ELECTRICITY BOARD REP. BY THE SECRETARY, VAIDHUTHI BHAVAN, T.B.ROAD, PALAKKAD. 4. ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KANJIKODE. R1 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R2 TO R4 BY STANDING COUNSEL SRI.C.K.KARUNAKARAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 389 of 2009 ------------------------------------------ Dated, this the 3rd day of April, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The issue pertains to certain disputes with regard to the electricity charges payable by the petitioner. When the writ appeal came up for consideration before us, it was brought to our notice that the appellant has submitted an application dated 23.3.2009 before the Electricity Board for availing the One Time Settlement Scheme. 2. In that view of the matter, it is submitted that the appellant may be permitted to withdraw the writ appeal without prejudice to its liberty to approach this Court, if required at a later stage, since by maintaining the writ appeal the application for One Time Settlement cannot be considered. 3. In that view of the matter, we dismiss the writ appeal as withdrawn leaving open all the contentions, but with a direction to the Electricity Board to consider the application dated 23.3.2009 for W.A. No.389 of 2009 - 2 - One Time Settlement submitted by the appellant and pass appropriate orders in accordance with law with notice to the appellant within a period of two months from the date of receipt of a copy of this judgment. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns