IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 19574 of 2004(E) --------------------------------------- PETITIONER: -------------------- CARBORANDUM UNIVERSAL LIMITED, HYDRO ELECTRIC WORKS, MANIYAR, PIN-689 662, PATHANAMTHITTA, KERALA, REPRESENTED BY ITS PLANT MANAGER, MR.R.MURALEEDHARAN NAIR. BY ADV. SRI.A.M.SHAFFIQUE (SR.) SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SMT.PRIYA MAHESH SMT.PRIYA MANJOORAN RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE RANNI-PERINAD PANCHAYAT, PATHANAMTHITTA, REPRESENTED BY ITS PRESIDENT. 3. PRESIDENT, RANNI-PERINAD PANCHAYAT, PATHANAMTHITTA. 4. SECRETARY, RANNI-PERINAD PANCHAYAT, PATHANAMTHITTA. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 SRI.C.RAGHAVAN FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19574/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 4TH AUGUST 2003 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER ALONG WITH ANNEXURE. EXT.P2:- COPY OF THE APPEAL DT. 24TH DECEMBER 2003&PETITION TO CONDONE DELAY. EXT.P3:- COPY OF THE RECEIPT DT. 28TH FEBRUARY 2004 ISSUED BY THE PANCHAYAT OF THE 2ND RESPONDENT. EXT.P4:- COPY OF THE LETTER DT. 27TH MARCH, 2004 ISSUED BY THE 4TH RESPONDENT, NO.53/03 TO THE PETITIONER. EXT.P5:- COPY OF THE LETTER DT. 7TH APRIL 2004 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P6:- COPY OF THE NOTICE DT. IST JUNE, 2004 ISSUED BY THE 4TH RESPONDENT. EXT.P7:- COPY OF THE STAY APPLICATION DT. 30.6.2004 ALONG WITH AFFIDAVIT IN APPEAL NO.1/03. EXT.P8:- COPY OF THE G.O.(MS)NO.23/90/PD., DT. 12.1990 POWER (B) DEPT. EXT.P8(a):- COPY OF THE G.O.(RT)NO.17/1/91 DT. 18.1.1991 POWER (B) DEPT. EXT.P8(b):- COPY OF THE ORDER BIN. O.NO.PLG.C.VI/1/82 DT. 22.2.1991 PASSED BY THE SECRETARY , KERALA STATE ELECTRICITY BOARD. RESPONDENT'S EXHIBITS EXT.R2(a):- COPY OF THE APPLICATION DT. 17.2.2003 ISSUED BY RANNI-PERINAD PANCHAYAT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.19574 OF 2004 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exts.P1, P4 and P6 and quash the same. ii) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Ext.P2 appeal, without insisting on remittance of the amounts demanded vide Ext.P1, Ext.P4 and Ext. P6. In view of the pendency of the writ petition for the last more than four years, it is only appropriate that the panchayath takes a decision in the matter without further delay. 2. Therefore, there will be a direction to the second respondent to dispose of Exhibit P2 appeal in accordance with law, with notice to the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The Company shall deposit before the second respondent the undisputed and admitted amounts, if not already deposited, W.P.(C) No.19574/04 2 within a period of one month from today. There shall be no coercive step till the appeal is disposed of. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.19574/04 3 KURIAN JOSEPH, J. W.P.(C) No. 19574 OF 2004 J U D G M E N T 28.08.2008