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1973 Supreme(SC) 323

P.JAGANMOHAN REDDY, P.K.GOSWAMI, S.N.DWIVEDI
Narayanan Sankaran Mooss – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.C.RATNAPARKHI, A.R.SOMNATH IYER, B.SEN, K.L.RATHI, M.R.Krishna Pillai, N.M.GHATATE, S.BALAKRISHNAN, S.S.Anantakrishna Iyer, V.A.SEYID MUHAMMAD

Judgment

DWIVEDI, J.:- The Kottayam Electric Supply Agency, Kottayam, is the licensee for the supply of electric energy in Kottayam in the State of Kerala The appellant, N. S. Mooss, is the proprietor of the licensee. By an order, dated May 17, 1963, the State of Kerala revoked the licence with effect from August 1. 1963. The order was made under Section 5 (1) (a) of the Indian Electricity Act, 1910 (hereinafter called the Act). On the same date, the State of Kerala made another order under Section 5 (1) (c) and (3) of the Act directing the appellant to deliver the undertaking to the Kerala Electricity Board (hereinafter called the Board) on or before July 1, 1963. The appellant filed a writ petition under Art. 226 of the Constitution challenging the two orders. The High Court has dismissed the petition Hence this appeal.

2. Sir Sen, counsel for the appellant, has urged four points before us. One of those points is: The Board endorsed the State proposal for the revocation of the licence before the explanation of the appellant reached the State. The explanation was not placed before the Board and accordingly not considered by the Board. So there was no due consultation of the Board an













































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