IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34171 of 2008(R) ----------------------------------------------- PETITIONER(S): ----------------------- A.T. ANTONY, PROPRIETOR, M/S. LIBIA ICE, PERUMPADAPPU, PALLURUTHY, ERNAKULAM DISTRICT. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHARUAM. 2. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, ERNAKULAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SECTION, K.S.E.B, PALLURUTHI, KOCHI. 4. INSPECTOR, A.P.T.S, KERALA STATE ELECTRICITY BOARD, KOTTAYAM. 5. CONSUMER GRIEVANCES REDRESSAL FORUM & ELECTRICITY OMBUDSMAN, K.S.E.B VYDHTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 34171 OF 2008 R -------------------------------------- Dated this the 25th November, 2008 JUDGMENT Case of the petitioner, in brief, is that the petitioner has preferred Ext.P5 before the Ombudsman. Reliance is placed on Ext.P4 Judgment. Ext.P8 is produced as the order dated 25.1.2007 against which Ext.P5 is sought to be filed. Petitioner also relies on Ext.P6 acknowledgment purporting to bear the date 8.2.2007. Having regard to the nature of the order that I propose to pass, I do not think it necessary to issue notice to the fifth respondent. I heard the learned counsel appearing for respondents 1 to 4. The Writ Petition is disposed of directing the Electricity Ombudsman to consider and take a decision on Ext.P5 purportedly filed against Ext.P8 order of the Consumer Grievance Redressal Forum, Ernakulam dated 25.1.2007 with an opportunity of hearing to the petitioner, if Ext.P5 is filed within the prescribed time. On condition that the petitioner remits Rs.35,000/= (Rupees Thirtyfive Thousand) within three weeks WPC.34171/08 R 2 from today, proceedings pursuant to Ext.P7 will be kept in abeyance till the disposal of Ext.P5 Appeal. The Appeal will be disposed of in accordance with law within a period of three months from the date of receipt of a copy of this Judgment. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge