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2026 Supreme(Online)(Ker) 9717

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
NEW INDIA ASSURANCE CO.LTD – Appellant
Versus
KERALA STATE ELECTRICITY BOARD – Respondent
WP(C) NO. 5607 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.GEORGE A.CHERIAN, SHRI.JAISON MATHEW, SRI.GEORGE CHERIAN (SR.)
For the Respondents: SRI. B. PREMOD, SC.

Judicial authority must respect previous rulings, affirming the dismissal of duplicate challenges.

Headnote:The New India Assurance Company Ltd. challenged the order of the Kerala State Electricity Appellate Authority (Ext.P6) regarding the final assessment proceedings against it dated 20.02.2017. The court noted that the appellant's previous appeal was already ruled upon in W.P.

(C) No.2784 of 2020, consequently dismissing the current writ petition with the right to apply for benefit under the OTS scheme. Issues included whether the previous assessment order had been adequately contested and the legality of the demands raised. The rationale determined that due process had been followed in the prior ruling and that no merit was found in the petition, leading to its dismissal. The final ruling reflected that the judicial recourse had been exhausted, and the appellant may seek benefits under applicable schemes if deemed eligible.

Table of Content
1. challenge to assessment order by the assurance company. (Para 2 , 3)
2. previous ruling affects the current petition. (Para 4)

JUDGMENT

The New India Assurance Company Ltd. challenges Ext.P6 order passed by the Kerala State Electricity Appellate Authority in an appeal preferred by the petitioner challenging the final assessment proceedings issued by the board on 20.02.2017. 2. The appeal was allowed and the board was directed to pass a revised assessment order in light of the dictum laid down in the judgment in W.P.(C) No.6993 of 2013 and the connected case dated 12.04.2017, ie.,Sulabha Marketing (P) Ltd v. Kerala StateElectricity Board, Thiruvananthapuram and others [2017 (3) KHC 563]

3. The writ petition is filed challenging the demands issued pursuant to the order of the appellate authority.

4. The very same order of the appellate authority was challenged by the board in W.P.(C) No.2784 of 2020, and by judgment dated 03.02.2020, the appeal filed by the board was allowed.

Given the above, no relief can be granted in this writ petition, as orders have been passed against the petitioner herein in W.P.(C) No.2784 of 2020. Under such circumstances, the writ petition fails and is dismissed. However, this judgment will not prevent the petitioner from applying for any benefit under the OTS scheme, if any, if the petitioner is eligible for the same.

Sd/-

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