IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 W.A.No.457 of 2008 ------------------------------------------- AGAINST THE INTERIM ORDER IN W.P.(C).NO.5001/2008 DATED 12/02/2008 .................... APPELLANTS: RESPONDENTS 1 & 2:- ----------------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUDHI BHAVAN, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, THRISSUR. BY STANDING COUNSEL SRI.C.K.KARUNAKARAN. RESPONDENTS: PETITIONER & RESPONDENTS 3 & 4:- ------------------------------------------------------------------------------ 1. PUTHOOR GRAMA PANCHAYATH, PUTHOOR REPRESENTED BY ITS SECRETARY, T.K.ASOKAN, S/O.VELAYUDHAN, THARAYILKKATTIL HOUSE, P.O.KOLAKATTUCHALLU, MALAPPURAM. 2. MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO WATER RESOURCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 BY ADV. SRI.SHEEJO CHACKO & SRI.M.N.MANOJ. R2 BY STANDING COUNSEL SMT.AMBIKA DEVI. R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA.. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & K.M.Joseph,J. ----------------------------------------------- W.A.No.457 of 2008 ----------------------------------------------- Dated, this the 25th day of February, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal arises out of an interim order passed by the learned Single Judge in W.P.(C).No.5001 of 2008 dated 12.02.2008. 2. In the writ petition filed, the Puthoor Grama Panchayath, Puthoor, had sought for a direction to the respondents/Kerala State Electricity Board to restore the electric connection of RWSS Marathakkara (Rural Water Supply Scheme) in Puthoor Panchayat forthwith. The other relief that was sought for was for a declaration that the petitioner-Panchayat is not liable to pay electricity charges, since the petitioner is paying maintenance charges for 74 street Hydrants in the scheme to the Water Authority. 3. By way of an interim relief, the petitioner had sought for a direction to the Kerala State Electricity Board to restore the electric connection (Consumer No.5575) forthwith. 4. The learned Single Judge after directing notice to the respondents, has granted the interim order as prayed for by the petitioner. Aggrieved by the interim order so passed, the Electricity Board is before us in this appeal. 5. In the appeal it is stated that the appellants had disconnected the power supply to the Panchayat (Consumer No.5575) on 14.4.2007 and the entire installations were dismantled on 12.12.2007. It is further stated that the Panchayat is due in a sum of Rs.34,16,000/- to the Electricity Board. W.A.No.457 of 2008 - 2 - 6. At this stage, we are not prepared to consider any one of the contentions canvassed by the appellants and their learned counsel. 7. An ex parte interim order is passed by the learned Single Judge. If for any reason the Board is not in a position to implement the ex parte interim order, they are expected to make an appropriate application before the learned Single Judge for modification/vacating the interim orders granted. Without doing so, the Board has rushed to this Court by filing this appeal. Since the Board has got an alternative effective and efficacious remedy by way of filing an appropriate application for modification/vacating the interim orders granted, it may not be necessary for us at this stage to interfere with the interim order passed by the learned Single Judge. Accordingly, we decline to entertain this writ appeal. However, liberty is reserved to the appellants to make an appropriate application before the learned Single Judge for appropriate reliefs. Ordered accordingly. H.L.Dattu Chief Justice K.M.Joseph Judge vku/DK