IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 3590 of 2009(B) ------------------------------------------- PETITIONER(S): --------------------- M/S. INDIA RUBBER, MATTOOR, KALADY, REP. BY ITS PROPRIETOR P.S.FRANCIS BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, KSEB, ELECTRICAL DIVISION, PERUMBAVOOR. 3. ASSISTANT EXECUTIVE ENGINEER, KSEB, ELECTRICAL MAJOR SECTION, KALADY. 4. ASSISTANT ENGINEER, ELECTRICAL SECTION, KALADY. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 3590 OF 2009 B -------------------------------------- Dated this the 16th March, 2009 JUDGMENT This case is taken up for disposal by consent of the parties. 2. Petitioner had approached this Court earlier and obtained Ext.P8 Judgment by which this Court quashed the impugned proceedings in the said case and the KSEB was directed to reconsider the issue in the light of the principles laid down in the Judgment in W.A. No.1231 of 2003 and pass fresh orders. There was also a direction to hear the petitioners. Petitioner in this case calls in question Exts.P9 and P9(a) and other reliefs are also sought. 3. I heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent Electricity Board. Learned standing counsel submits that pursuant to Ext.P8, the matter was not reconsidered. There was also no opportunity of hearing given to the petitioner, it is submitted. In the light of the said submission, Exts.P9 and P9(a) WPC.3590/09 b 2 are only to be quashed. I do so and the matter will be redone as was directed by the Division Bench of this Court in W.A. No.1231 of 2003, after affording an opportunity of hearing to the petitioner, within a period of one month from the date of receipt of a copy of this Judgment. It is open to the petitioner to rely on such material as he is advised to produce. The Writ Petition is allowed as above. Sd/= K. M. JOSEPH, JUDGE kbk. // True Copy // PS to Judge