IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 4443 of 2008(D) ------------------------- PETITIONER: ------------ GOPI P.K., AGED 54 YEARS, S/O. GOVINDAN, PUTHENPURAYIL HOUSE,VANDIPERIYAR, PEERUMEDU, IDUKKI. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: ------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, VANDIPERIYAR, IDUKKI. 2. THE EXECUTIVE ENGINEER, K.S.E.B., KATTAPANA, IDUKKI DISTRICT. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF APPEAL DT 28.2.02. P2 COPY OF JUDGMENT DT 4.3.02 IN OP.6395/02. P3 COPY OF NOTICE DT 15.12.07 P4 COPY OF NOTICE DT 22.1.08 P5 COPY OF LETTER DT 22.1.08. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 4443 OF 2008 D ```````````````````````````````````````````````````` Dated this the 12th day of August, 2008 J U D G M E N T Prayers in the writ petition are as follows. (i) Call for the records leading to Exts.P4 and P5 and issue a writ of certiorari or such other writ order or direction quashing the same; (ii) issue a writ of mandamus or such other writ order or direction, directing the respondents to issue revised bills to the petitioner after redressing his grievance regarding imposition of penalty and enhancement of monthly fixed charges; (iii) to grant instalment facility to the petitioner to pay off the actual arrears after issuance of revised bills. 2. I heard learned counsel for petitioner and learned standing counsel. This Court had directed the respondents to ascertain what action is taken on the appeal on the basis of Ext.P2 judgment. Learned standing counsel submits that the WPC.4443/08 : 2 : appeal has been disposed of by the Executive Engineer by order dated 16.6.2008. In such circumstances, leaving open the contentions of the petitioner, writ petition is disposed of without prejudice to the right of the petitioner to challenge the order passed by the appellate authority, if he is so advised. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE