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2014 Supreme(Online)(KER) 38348

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


JUDGMENT

Being aggrieved of the final assessment passed by the concerned authority, the petitioner approached the 2nd respondent by way of appeal under Section 127 of the Electricity Act, 2003. After considering the same, interference was declined and the appeal was dismissed as per Ext.P5 order passed by the 2nd respondent, followed by Ext.P7 demand to an extent of Rs.95,368/- (Rupees Ninety five thousand three hundred and sixty eight only). This made the petitioner to approach this Court by filing this writ petition, raising many a ground of challenge.

2. Heard the learned Standing Counsel appearing for the respondent Board as well.

3. During the course of hearing, it is brought to the notice of this Court that, the 2nd respondent's competence to act as Appellate Authority under the Electricity Board Act, 2003 had come up for consideration before this Court in WP(C) No.14286 of 2007 and WP(C) No.19000 of 2010, and as per judgment dated

11.09.2013, passed by this Court, it has been categorically held that the Appellate Authority to be constituted by the State Government to deal with the appeals under Section 127 of the Electricity Act, 2003, could only be a person, who is not connect

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