IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1300 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12558/2011 Dated 29/04/2011 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. KERALA STATE ELECTRICITY BOARD,REP.BY ITS SECRETARY,VYDHYTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION,KERALA STATE ELECTRICITY BOARD,ALUVA. 3. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, ALUVA. 4. THE ASSISTANT ENGINEER,KERALA STATE ELECTIRICITY BOARD,ELECTION SECTION,EDAYAR (MUPPATHADAM). BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE RESPONDENT(S): PETITIONER IN WPC -------------------------------- M/S.MERCHEM (INDIA) PVT.LTD., REP.BY ITS DIRECTOR JULLY THOMAS,W/O.P.E.THOMAS, R/AT PULINAT HOUSE,50/934 A,BANK JUNCTION, EDAPPALLY ,ERNAKULAM, 682 024. ADV. SRI.K.GOPALAKRISHNA KURUP, SENIOR ADVOCATE FOR R1 SRI.S.MANU FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.A..No. 1300 OF 2011 ------------------------ Dated this the 4th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. This appeal preferred by the Kerala State Electricity Board is directed against an interim order passed by the learned Single Judge dated 29/4/2011. Sri.K.Gopalakrishna Kurup learned senior counsel for the respondent would place before us a copy of the Board order dated 17/10/2011 which shows that the Board has decided to comply with the interim order. According to Mr.Kurup now that the Board itself has taken decision to comply with the interim order, there is no point in retaining this writ appeal any longer. 2. Sri.P.Santhalingam learned senior counsel for the appellant Board submitted that it was only when contempt proceedings were initiated for non compliance of the interim order that the Electricity Board became compelled to take decision to comply with the interim order. The above decision is obviously is without prejudice to the contentions raised by the W.A.No.1300/2011 2 Board in the writ petition. 3. Having considered the rival submissions addressed at the Bar, we are of the view that as decision has been taken by the Board on 17/10/2011 to comply with the interim order, it is not necessary to examine the correctness of the interim order and retain this writ appeal any longer on the files. We dispose of this writ appeal leaving it to the learned Single Judge to decide the writ petition on the merits of all the contentions therein without being influenced in any manner by the interim order. We also make it clear that the decision taken by the Board to comply with the interim order and compliance of the above decision shall be without prejudice to all the contentions raised by the Board in the writ petition. The Writ Appeal is disposed of as above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk W.A.No.1300/2011 3