IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WA.No. 1562 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.17414/2009 Dated 06/07/2009 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. M/S.P.F.ICE & COLD STORAGE,PLOT NO.23, COCHIN FISHERIES HARBOUR,THOPPUMPADY, KOCHI-5,REP.BY PARTNER JACOB FRANCIS. 2. M/S.FREDDY ICE INDUSTRIES,PLOT NO.20, COCHIN FISHERIES HARBOUR,THOPPUMPADY, KOCHI-5,REP.BY PARTNER JACOB FRANCIS. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION,MATTANCHERRY. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION,KSEB, THOPPUMPADY,ERNAKULAM. 4. THE ASSISTANT ENGINEER-INCHARGE, ELECTRICAL MAJOR SECTION,KSEB, THOPPUMPADY,ERNAKULAM. R1 TO R4 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & Kurian Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1562 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2009 JUDGMENT Kurian Joseph, J. Appellants are the writ petitioners. They approached this Court with certain grievances regarding Exts.P30 to P33 proceedings and demands. They claimed the benefit of Ext.P20 judgment. The learned Single Judge disposed of the writ petition quashing the surcharge levied on the petitioners for the period from April 2000 to June 2009 and permitting the Kerala State Electricity Board to issue revised demands. 2. According to the appellants, the respondents have relied on materials behind their back. When the matter came up before us for admission on 22.07.2009 we directed the Standing Counsel to get instruction as to whether the materials referred to in the impugned order had actually been furnished to the appellants/petitioners. The learned Standing Counsel on instruction submits that some of the materials had not actually been furnished to the appellants/writ WA No.1562/09 -:2:- petitioners. We find that it is only proper and in proper compliance of the principles of natural justice that those documents which the respondents rely on are given to the appellants before passing the orders. In that view of the matter, we set aside the judgment of the learned Single Judge to the extent appellants/petitioners are aggrieved. The Writ Appeal is disposed of with a direction to the second respondent to consider the matter afresh with notice to the appellants/petitioners, after furnishing copies of the materials referred to in the impugned order. This shall be done within a period of one month from today. The interim order granted by this Court will continue till such time. S.R. Bannurmath, Chief Justice. Kurian Joseph, Judge. ttb WA No.1562/09 -:3:-