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 MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WA.No. 2339 of 2007(D) ---------------------- AGAINST THE JUDGEMENT IN OP.7757/1998 Dated 02/04/2007 .................... APPELLANT(S): RESPONDENT ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, KERALA STATE ELECTRICITY BOARD, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER(THERMAL & COMMERCIAL) VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE SPECIAL OFFICER(REVENUE), KERALA STATE ELECTRICITY BOARD, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): PETITIONER ------------------------- 1. WESTERN INDIA COTTONS LTD., POST PAPPINISSERY, KANNUR DIST. REP. BY COMPANY SECRETARY. 2. STATE OF KERALA, REP. BY SECRETARY, POWER DEPARTMENT, THIRUVANANTHAPURAM. BY GP SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, ALONG WITH WA NO. 2345 OF 2007, WA NO. 2387 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.A.Nos.2339, 2345 & 2387 of 2007 -------------------------------- Dated this 2nd day of February, 2009 JUDGMENT Koshy (Ag.C.J.) In view of the decision of the Division Bench in Writ Appeal No.808/1998, the appeals are liable to be dismissed. The observation that the proposal to levy penal charges should be published in the Gazette is carried on is not necessary for deciding the case, as consequent upon the establishment of the Electricity Regulatory Commission, the said issue has become irrelevant. We see no infirmity in the conclusions arrived at by the learned single Judge. Writ appeals are accordingly dismissed. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs