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2014 Supreme(Online)(KER) 46427

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
ABDUL NAZAR – Appellant
Versus
KERALA STATE ELECTRICITY BOARD – Respondent


JUDGMENT

The petitioner has approached this Court with the following prayers :

“i. Issue a writ of certiorari or any other appropriate writ or order quashing Exts. P3 and P4.

ii. Issue a writ of mandamus or any other appropriate writ or order directing the respondents, keep all proceedings in pursuance to Exts. P3 and P4 in abeyance until the petitioner is granted an opportunity to submit an appeal before the appellate authority duly constituted as directed by this Honourable Court in Ext. P5 judgment and the said appeal is considered by the said authority after hearing the petitioner;

iii. Pass such other orders which this Honourable Court may deem fit in the facts and circumstances of the case.

2. The writ petition has been filed without resorting to the statutory remedy by way of appeal under Section 127 of the Indian Electricity Act, 2003 , contending that no properly constituted appellate authority in existence as on date. It is pointed out that the petitioner is without any remedy against Exts. P3 and P4 orders, as the appellate authority originally constituted in terms of Section 127 of the Electricity Act is no more there, by virtue of Ext. P5 judgment dated 07.07.2014 [W.P.

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