IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WA.No. 1578 of 2007() --------------------- AGAINST THE JUDGEMENT IN OP.7256/2003 Dated 14/11/2006 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. DEPUTY CHIEF ENGINEER, APTS, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KASARGOD. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, MANJESHWAR, KASARGOD. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------- K.A.ABDULLA, MANJESHWAR VENEERA, KADAMBAR PO, MANJESHWAR, KASARGOD. ADV. SRI.M.SASINDRAN FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.1578/2007 -------------------------------- Dated this 3rd day of March, 2009 JUDGMENT Koshy (Ag.C.J.) Writ petitioner was issued a demand notice for penalty. Learned Judge interfered with the above and quashed the same directing that the revised demand shall be issued to the petitioner and the amounts already remitted by the petitioner shall be adjusted. Learned Judge relied on the judgment of this Court in W.A.No.1231/2003. Learned counsel for the appellants submits that the entire penalty was not ordered to be set aside in the above writ appeal. In the above circumstances, third respondent in the writ petition is directed to issue a detailed notice showing the amount to the paid, if any, on the basis of the judgment of this Court in Writ Appeal No.1231/2003 and pass fresh orders, after giving an opportunity of hearing to the petitioner. Writ appeal is disposed of accordingly. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs