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1984 Supreme(Ker) 110

PARIPOORNAN
KOKERS 70 MM MOVIE HOUSE – Appellant
Versus
KERALA STATE ELECTRICITY BOARD – Respondent


Judgment :-

1. A batch of 224 Original Petitions were disposed of by a Division Bench of this Court, of which I was a member, by a common judgment dated 31-1-1984. We differed regarding the scope and interpretation of the provisions of the Electricity Supply Act, 1948 and reached different conclusions in our separate judgments dated 31-1-1984. It was held by me that the notification promulgated by the Kerala State Electricity Board dated 28-7-1980 and the notification of the Board dated 8-7-1982, called the 1st and second revisions, are illegal, unauthorised, arbitrary and unreasonable. They were quashed. The matter was posted by the learned Ag. Chief Justice for consideration, before a third judge, Mr. Justice K. K. Narendran, by order dated 1-2-1984.

2. In O. P. No. 1861 of 1983 apart from the prayer to quash the above notifications, there is a further prayer in Para.17 of the Original Petition to the following effect:-

'(b) by an appropriate writ, order or direction to prohibit respondents 1 and 3 from assessing and/or collecting electric charges from the petitioners according to the rates provided in the notification evidenced by Ext. P5 and in case the said respondents or other
















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