IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 W.A.No. 1817 of 2009 ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.20873/2008 Dated 17/06/2009 .................... APPELLANT: -------------------- M/S.INDSIL HYDRO POWER AND MANGANSESE LIMITED, FORMERLY M/S. INDSIL ELECTROSMELTS LIMITED, INDSIL HOUSE, T.V.VENKETASAMY ROAD(WEST), R.S.PURAM, COIMBATORE, HAVING ITS FACTORY AT PALLATHERI, PALAKKAD, REPRESENTED BY ITS FINANCIAL ADVISOR MR. V.NATARAJAN. BY ADV. SRI.JOSEPH KODIANTHARA SRI.TERRY V.JAMES SRI.S.GANESH RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS CHAIRMAN, KERALA STATE ELECTRICIY BOARD, VYDYUTHIBHAVANAM, PATTOM PALACE P.O, THIRUVANANTHPURAM. 2. THE MEMBER (TRANSMISSION AND DISTRIBUTION), KERALA STATE ELECTRICIY BOARD, VYDYUTHIBHAVANAM, PATTOM PALACE P.O, THIRUVANANTHPURAM. 3. THE SPECIAL OFFICER (REVENUE), KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVANAM, PATTOM PALACE P.O, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER (TC), KERALA STATE ELECTRICITY BOARD, PALAKKAD. 5. THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, SUB STATION SUB DIVISION, PALAKKAD. BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1817 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September 2009 JUDGMENT S.R.BANNURMATH, C.J. After hearing Sri.S.Ganesh, learned Senior Counsel appearing for the appellant and Sri.C.K.Karunakaran, Standing Counsel for the respondent, Kerala Electricity Board and on going through the impugned judgment of the learned Single Judge dated, 17th June, 2009, we find that though several questions on merits are raised the learned Single Judge even though referred to them in the judgment, has not given any findings, and as such at this stage itself it would be, in our view, just and proper to remit the matter back to the learned Single Judge to consider the case afresh on merits and decide the same in accordance with law. All the contentions raised by both the sides in the appeal are left open. In the result, the judgment of the learned Single Judge in Writ Petition No.20873/08, dated 17th June, 2009 is set aside and the matter stands remitted back to the learned Single Judge for fresh disposal in accordance with law on merits. Learned Single Judge is W.A.No.1817 OF 2009 :: 2 :: requested to dispose of the matter as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of the this judgment or on production of the same by either of the parties. In the meanwhile, the interim order passed in the writ appeal shall continue. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes