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1965 Supreme(Ker) 25

C.A.VAIDIALINGAM, S.VELU PILLAI
Narayanan Sankaran Mooss – Appellant
Versus
State of Kerala – Respondent


Advocates:
K. V. Suryanarayana Iyer and S. Subramonia Iyer, for Petitioner; Advocate General and K. Sreedharan Pillai, for Respondent No. 1.

Judgement

VAIDIALINGAM, J. :- In this Writ Petition under Article 226 of the Constitution, Mr. K.V. Surianarayana Iyer, learned counsel for the petitioner, who is the proprietor of the Kottayam Electric Supply Agency, Kottayam, challenges the legality and validity of a notice and two orders passed by the State Government under the Indian Electricity Act (Act IX of 1910), hereinafter to be referred to as the Act. The notice is Ext. P 1 and the orders are Exts. P2 and P3.

2. Ext. P1 is a notice dated 17-8-1962 issued by the 1st respondent, the State of Kerala, under S. 4(3) of the Act. calling upon the petitioner, for the various grounds mentioned therein, as to why the license granted in his favour should not be revoked under S. 4(1)(a) of the Act. The petitioner sent an explanation dated 5-11-1962, Ext. P19; and the State Government passed the order Ext. P2 dated 17-5-1963 revoking the license under S. 5(1)(a) of the Act and fixing 1st August 1963 as the date on which the said revocation shall take effect. In consequence, on the same date, the State Government passed another order, Ext. P3, under S. 5(1)(c) and 5(3) of the Act, calling upon the petitioner to sell and deliver the unde























































































































































































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