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 W.P.(C) No. 27564 of 2014 : 2 :
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 W.P.(C) No. 27564 of 2014 : 3 :
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.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)