Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 PETITIONER/S: THE ASSISTANT ENGINEER ELECTRICAL SECTION ,KSEB,LTD, EDAPPALLY KOCHI PIN-682 024 BY ADV NIRMAL.S POOJA JOSE RESPONDENT/S: 1 THE PERMANENT LOK ADALATH GROUND FLOOR ,ADR CENTRE, DISTRICT CORT ANNEX PREMISES KALOOR KOCHI-17 2 ANAZ PATTAYAMCHERY HOUSE, DOOR NO.50/2371-E-1, EDAPPALLY, ERNAKULAM DISTRICT, KOZHI-PN-682 024. BY ADVS. SRI.RAJESH VIJAYENDRAN SMT.PRIYANKA GOPI MONISHA K R OTHER PRESENT: S. NIRMAL-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DINESH KUMAR SINGH, J.
-------------------------- W.P.(C) No.28951 of 2018 ------------------------- Dated this the 7th day of June 2024
JUDGMENT
Heard Adv. Pooja Jose, the learned counsel for the petitioner and Adv. Monisha. K.R. counsel for the party respondent.
2. The present Writ Petition has been filed by the
Kerala Electricity Board limited, impugning the award passed by the permanent Lok Adalath, Ernakulam in Ext.P2 with respect of an assessment under section 126 of the Electricity Act, 2003.
3. Learned counsel for the petitioner submits that in
respect of the matters under section 126 of the Electricity Act, the permanent Lok Adalath has no jurisdiction to pass an award. She further submits that despite the specific objection taken before the Lok Adalath, Lok Adalath has proceeded to pass the award in Ext.P2, O.P.No.130/2017 dated 19.12.2017 is wholly without jurisdiction. The learned counsel for the petitioner also submits that the issue is covered against the 2nd respondent by the judgment of this Court dated 16.02.2024 is W.P.(C).No. 12293/2015. The learned counsel for the 2nd respondent submits that the issue is covered against the 2nd respondent. Considering the said submissions, the present Writ Petition is allowed and the impugned order is hereby set aside. The 2nd respondent in this Writ Petition is granted liberty to approach the Appellate Authority within a period of 15 days from today under section 127 of the Electricity Act,2003 if he is aggrieved by the order passed under section 126 of the Electricity Act, and if the appeal is filed within 15 days from today the Appellate Authority shall decide the appeal on merit without going into the question of limitation. Sd/- DINESH KUMAR SINGH JUDGE SSG APPENDIX OF WP(C) 28951/2018 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE MAHAZAR DATED 21.11.2016. EXHIBIT P2 TRUE COPY OF THE AWARD DATED 19.12.2017 OF PERMANENT LOK ADALATH, ERNAKULAM.