IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 2163 of 2006() --------------------- AGAINST THE JUDGEMENT IN WPC.16312/2006 Dated 19/10/2006 .................... APPELLANT/PETITIONER: -------------------------- JESSY RAJAN, MANAGING PARTNER, SOLAR INDUSTRIES, ATTOOR P.O., CHELAKKARA, THRISSUR DISTRICT. BY ADV. SRI.ELVIN PETER P.J. SRI.C.X.ANTONY BENEDICT RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DEPUTY CHIEF ENGINEER (ANTI POWER THEFT SQUAD), KERALA STATE ELECTRICITY BOARD, PALAKKAD. 2. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD CHERUTHURUTHY. 3. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB R3 BY SR. GOVT. PLEADER, SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & V.Giri, J. ------------------------------------------ W.A No.2163 of 2006 ------------------------------------------ Dated, this the 3rd day of April, 2009 JUDGMENT S.R.Bannurmath, C.J. The writ appeal is filed challenging the order of the learned Single Judge dated 19th October, 2006. On initiation of action against the petitioner based on Ext.P4 mahazar prepared by the Anti Power Theft Squad, it was challenged in the writ petition. The learned Single Judge on considering the relevant provisions as well as the merits of the case remanded the matter to the appellate authority to reconsider whether there was any theft and if so whether prosecution against the petitioner should be continued or not. The appellant is not aggrieved by this. However, his grievance is whether penal charge under Regulation 42(d) is leviable or not. Undisputedly it is contended that the meter was faulty for which he cannot be penalised. As the matter has been remitted to the appellate authority, in our W.A.No.2163/2006 2 view, instead of reviewing entire case, suffice it to note that, it is open for the appellant to raise this question also and if such a question is raised, the appellate authority is directed to consider the same in accordance with law. Stay of prosecution as directed already will continue till the disposal of the matter. S.R.Bannurmath, Chief Justice V.Giri, Judge vns