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 WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WA.No. 2540 of 2007 --------------------- (AGAINST THE JUDGMENT IN OP NO.11527/03 DATED 22/02/07) APPELLANTS/RESPONDENTS 2 TO 4 IN OP: ---------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL CIRCLE, THODUPUZHA. IDUKKI DT. 3. ASSISTANT EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD ELECTRICAL MAJOR SECTION, THODUPUZHA IDUKKI DT. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENTS/PETITIONER & 1ST RESPONDENT IN OP: ------------------------------------------------------------- 1. SICILIA HOTELS (P) LTD IDUKKI ROAD, THODUPUZHA 685 581 REP BY ITS MANAGING DIRECTOR MR.K.J.MATHEW. 2. STATE OF KERALA REP. BY SECRETARY DEPARTMENT OF TOURISM SECRETARIAT, TRIVANDRUM. R1 BY ADV. SRI.C.G.SUNIL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2540 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October, 2009 JUDGMENT Basheer, J. The issue involved in this Writ Appeal is no more res integra in view of the dictum laid down by the Apex Court in Kusumam Hotels (P) Ltd. v. Kerala State Electricity Board & others [AIR 2008 SC 2796]. The above judgment was followed by a Division Bench of this Court in WA No.1803 of 2008 also. In that view of the matter, there arises no question of a further consideration of the contentions raised by the appellant. The appeal fails and it is accordingly dismissed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. WA No. -:2:- ttb