IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WA.No. 2359 of 2006() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.20728/2000 Dated 03/08/2006 .................... APPELLANT(S): PETITIONER ------------------------ M.I.GEORGE, M/S.MANJALI OIL PRODUCTS, SHANTI NAGAR, PUTHENCHIRA EAST, THRISSUR DISTRICT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENTS/RESPONDENTS: --------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KOMBODINJAMAKKAL, THRISSUR DISTRICT. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, IRINJALAKUDA. 3. KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 4. THE CHIEF ELECTRICAL INSPECTOR, THIRUVANANTHAPURAM. ADV. SRI.P.SANTHA LINGAM, SC FOR KSEB FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = W.A. NO. 2359 OF 2006 = = = = = = = = = = = = DATED THIS, THE 7TH DAY OF JULY, 2011. J U D G M E N T C.N. Ramachandran Nair, J. Heard the counsel for the appellant and standing counsel for the Kerala State Electricity Board. After hearing both sides and after going through the judgment what we find is that the Single Judge has allowed the writ petition by vacating the interim order and remanding the matter to the Executive Engineer for fresh decision. Appellant apprehends that the observation by this Court will be misunderstood by the Executive Engineer to the effect that the appellant will not be entitled to refund, if payment made under the interim order of this Court is found to be excessive. We do not think there is any justification for this apprehension on the part of the appellant because this Court has only stated the upper limit of the liability that could be demanded from the petitioner and directed the Executive Engineer to adjudge the liability from payments already made. W.A. 2359/2006 2 The writ appeal is disposed of directing the Executive Engineer to decide the matter within two months from the date of receipt of a copy of this judgment. C.N. RAMACHANDRAN NAIR, (JUDGE). P.S. GOPINATHAN, (JUDGE) knc/-