IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 19778 of 2009(N) -------------------------- PETITIONER(S): --------------- KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): --------------- KERALA STATE ELECTRICITY REGULATORY COMMISSION, KPFC BHAVANAM, C.V.RAMAN PILLAI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-685 010. SC SMT. SREEDEVI KYLASANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.19778 OF 2009 ------------------------ Dated this the 20th day of July, 2009. JUDGMENT Challenge in this writ petition is against Ext.P9, an order passed by the first respondent, vacating the stay imposed on clause 12 of the Kerala Electricity Supply Code, 2005 vide Ext.P1 order. Although, it was contended before me that the said order was passed without hearing the petitioner, referring to the minutes of the hearing held on 25th February, 2009, standing counsel for the Board is disputing the said contention. 2. Having regard to the above and taking into account the fact that an appellate remedy is available to the petitioner under Section 111 of the Indian Electricity Act, 2003, I am inclined to think that the petitioner should pursue the alternate remedy of appeal, that is provided under Section 111 of the Act. WP(c).No.19778/09 2 Therefore, leaving open all the contentions raised by both sides, this writ petition is disposed of directing that, if an appeal is filed within 30 days from today, the same will be entertained by the appellate tribunal and the contention raised therein will be considered on merits. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.19778/09 3