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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
WRIT PETITION (CIVIL) 27564/2014
The court reinforced the importance of exhausting statutory remedies before seeking writs and set procedures for future appeals.
Headnote:
Writ - Appeal - Indian Electricity Act, 2003, Section 127 - The court addressed the absence of an appellate authority under the Electricity Act, emphasizing the need for statutory compliance in appeal filing and the government’s duty to reconstitute the authority as directed previously.
Fact of the Case:
The petitioner challenged orders P3 and P4 without appealing under Section 127 of the Indian Electricity Act, claiming no constituted appellate authority existed following a prior court judgment mandating reconstitution of the authority.
Finding of the Court:
The court acknowledged that steps were being taken by the government to notify the appellate authority and allowed the petitioner to pursue an appeal once the authority was designated, ordering that coercive actions be stayed until the appeal was resolved.
Issues: Whether the petitioner could challenge orders P3 and P4 without a previous appeal under Section 127 of the Indian Electricity Act due to the absence of a constituted appellate authority.
Ratio Decidendi: The necessity of availing statutory remedies before pursuing writ petitions; confirmation that proceedings can be held in abeyance pending the establishment of an appellate authority as previously directed by the court.
Final Decision: The writ petition is disposed of, allowing the petitioner to appeal once the authority is constituted.
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.(C) No. 11906 of 2009 and connected cases] passed by a Division Bench of this Court, giving specific directions to re-constitute the authority, also giving liberty to the parties concerned to approach the said authority in the manner as specified therein.
3. Heard the learned standing counsel for the respondent Board as well, who submits that, steps are being taken by the Government no notify the authority in terms of the aforesaid judgment and it is for the Government to finalize the proceedings in this regard.
4. In the said circumstances, the writ petition is disposed of with liberty to the petitioner to challenge the impugned proceedings before the appellate authority, who will be designated by the State Government on the basis of the directions contained in the judgment dated 07.07.2014 in W.P.(C) No. 11906 of 2009 and connected cases. Such appeal shall be filed within a period of one month from the date of notification. If any such appeal is filed before the said appellate authority, complying with the statutory prescription, the same shall be dealt with and finalized by the appellate authority in accordance with law. Coercive proceedings shall be kept in abeyance till such time subject to satisfaction 50%
of the disputed liability within one month from today.
The Writ Petition is disposed of.
