IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 3768 of 2008(W) ------------------------- PETITIONER: ------------ MUHAMMED RISA, SON OF ABDUL MAJEED, AGED 27 YEARS, RESIDING AT PALLIVILA PUTHENVEEDU, ARUNUTTIMANGALAM, MANGADU P.O., KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYTHUTHIBHAVAN, PATTOM P.O., THIRUVANANTHAPURAM 2. THE CHAIRPERSON, CONSUMER GRIEVANCE REDRESSAL FORUM (SOUTH), KOTTARAKKARA, KOLLAM DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB SECTION, PERINADU, KOLLAM DISTRICT. BY STANDING COUNSEL, SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 3768 of 2008-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of February, 2008 J U D G M E N T The petitioner contends that the impugned order has been issued by the Consumer Grievance Redressal Forum under the provisions of the Kerala State Electricity Regulatory Commission (Consumer Grievance Redressal and Electricity Ombudsman) Regulations 2005, without authority, in as much as the minimum quorum of two, prescribed as per the Regulatory Commission of those regulations was not available when the petitioner's case was decided. The learned Standing Counsel for the Board does not dispute this fact and points out that, as of now, there are sufficient number of members, though, at the relevant point of time, only the Chairman was appointed. Obviously, therefore, the impugned order has been passed by an authority without quorum in terms of the controlling regulations. In the result, the impugned Ext.P4 order is quashed and the petitioner is directed to appear before the Consumer Grievance W.P.(C).No.3768/2008-W -: 2 :- Redressal Forum on the 26th of February, 2008 so that the Commission may appropriately list the matter for further consideration, in accordance with law. It is directed that final order shall be issued within an outer limit of four months from the date of receipt of a copy of the judgment. Writ petition allowed accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge ms