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 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WA.No. 2531 of 2009 --------------------- AGAINST THE ORDER IN IA NO.13940/09 IN WPC.30427/2009 DATED 9/11/09 .................... APPELLANT/PETITIONER: --------------------------- K.S. GANESH, AGED 48, S/O. MR. SUBRAMANIAN, PROPRIETOR, M/S.BIMBO ICE CREAM, 3A-INDUSTRIAL DEVELOPMENT AREA, SOUTH KALAMASSERY P.O., ERNAKULAM DISTRICT-683 109. BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS/RESPONDENTS: ---------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT. 2. ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KALAMASSERY, ERNAKULAM DISTRICT - 683 104. 3. SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KALAMASSERY, ERNAKULAM DISTRICT - 683 104. 4. UNION OF INDA, REPRESENTED BY SECRETARY, MINISTRY OF POWER, GOVERNMENT OF INDIA, NEW DELHI. R1 TO R3 BY SRI.C.K. KARUNAKARAN, SC, KSEB R4 BY SRI.T.P.M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2531 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2009 JUDGMENT Basheer, J. Appellant impugns the interim order passed by the learned Single Judge by which the prayer made by the appellant to restore electricity connection to this industrial unit was rejected. 2. The learned Judge took the view that without making payment of the entire amount covered under Ext.P4, restoration cannot be ordered. 3. We have heard Sri.Shaji Chirayath, learned counsel for the appellant and Sri.C.K.Karunakaran, learned Standing Counsel for the Board. 4. Having heard learned counsel for the parties, we are of the view that the order passed by the learned Single Judge cannot be faulted. However, since the learned counsel submits that the appellant is prepared to furnish bank guarantee for the amount of Rs.4,44,752/-(Rupees four lakhs WA No.2531 of 2009 -:2:- fourty four thousand seven hundred and fifty two only) as demanded by the Board in Ext.P4, we are of the view that the appellant can be directed to do so, in which event the Board shall restore the connection to the petitioner's establishment. Ordered accordingly. The Writ Appeal is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb