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2026 Supreme(Online)(Ker) 5511

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
M/S ELANAD MILK PVT. LTD. – Appellant
Versus
KERALA STATE ELECTRICITY BOARD LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.J.JULIAN XAVIER, SRI.FIROZ K.ROBIN, SRI.ROY JOSEPH, SHRI.AKHIL P.C., SMT.ASWATHY SUSAN PAUL
For the Respondents: SMT.RIJI RAJENDRAN-SC

JUDGMENT

Dated this the 31st day of January, 2026 Soumen Sen, C.J.

The appellant has deposited a sum of 10,00,000/-

without prejudice to his rights and contentions.

2. It is submitted on behalf of the Electricity Board that an adjudication has already taken place and that the grievance of the appellant that he was not heard, has been duly considered and a final order of assessment has been passed.

3. The issues raised in the writ petition as well as in the appeal can be urged before the appellate authority under Section 127 of the Electricity Act , 2003. When there exists an efficacious alternative remedy available in law, the writ Court shall not ordinarily exercise its jurisdiction in such matters unless there is a gross violation of the principles of natural justice. The adjudication order having been passed after hearing the appellant, we do not find that this is one of those exceptional circumstances where the writ court would exercise its jurisdiction.

4. In view thereof, we do not find any reason to interfere with the order passed by the learned Single Judge.

5. However, we direct the appellant to prefer an appeal within a period of four weeks with a further deposit ₹

of 25,00,0

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