The petitioner has approached this Court with the following prayers: “i) Call for the records leading to Exts.P2, P3, P4, P5, P8 and P10 and quash the same by issuing a writ of certiorari.
ii) Issue a writ of mandamus or any other writ, order or direction directing the respondents to consider Exts.P6, P7 and P11 objections preferred by the petitioner and pass orders in accordance with law.
iii) Declare that petitioner is not liable to pay the amount claimed as per Exts.P5, P8 and P10 penal bills and
iv) Pass such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
2. Heard the learned Counsel for the petitioner as well as the learned Standing Counsel appearing for the respondent Board.
3. After hearing both the sides and going through the pleadings and proceedings, it is seen that the grievance is mainly with regard to the fixation of liability upon the petitioner vide Exhibit P10.
4. It is stated by the learned Standing Counsel for the Board that the proceedings have been finalized after completing the procedural formalities and an opportunity of hearing was given to the petitioner, in response to the provisional order, inviting objections. It is also pointed out that the petitioner is having an effective alternative remedy by way of appeal, as provided under Section 127 of the Electricity Act, 2003 (hereinafter referred to as ‘the Act’). However, in the course of hearing, it is brought to the notice of this Court that the relevant order constituting the Appellate Authority has already been set aside by a Division Bench of this Court as per judgment dated 07.07.2014, in Writ Petition No.24714 of 2012 and connected cases. Paragraph 13 of the said judgment reads as follows:
“13. Such being the case, the appointment of the Deputy Chief Engineers now effected by G.O.(P) No. 20/2014/PD dated 28.05.2014, cannot be upheld and the Government will have to make a fresh appointment satisfying the requirements of Section 127 of the Appellate Authority Rules. Insofar as the order in R.P. the order shows that Rule 3 of the Appellate Authority Rules was noticed by this Court when this order was passed. Therefore, the order being per incuriam, cannot be relied to sustain the designation of Deputy Chief Engineers as the Appellate Authority. Therefore, these writ petitions are disposed of with the following directions:
1. The Government of Kerala shall appoint the Appellate Authority as contemplated under Section 127 of the Electricity Act, 2003 and the Appeal to the Appellate Authority Rules, 2004. This shall be done as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment.
2. Once the Appellate Authority is so constituted, the appeals that are already filed by the writ petitioners and which are pending before the Deputy Chief Engineers, who were appointed by virtue of G.O.(P) No. 27/2012, shall be transferred to the Appellate Authority and the Appellate Authority shall consider and decide those appeals on merits.
3. Such of the writ petitioners who have not filed appeals against the orders of assessment under Section 126 of the Act, shall file appeals as provided under Section 127 of the Electricity Act within one month of constitution of the Appellate Authority as directed above and if such appeals are filed, the same shall be dealt with on merits and disposed of accordingly.
4. Except in the case of the writ petitioners in W.P.(C). NO. 15560 of 2013, the remittances made by the other writ petitioners in compliance of he order passed by this Court will be given credit towards the requirement of Section 127(2) of the Act and if there is any short fall in 50% required to be made good, the differential amount shall be remitted by the petitioners. Insofar as W.P.(C). No. 15560 of 2013 is concerned, his appeal will be entertained without insisting on any condition of Pre-deposit.
We clarify that we have not dealt with the merits of the contentions raised by the respective parties which are to be agitated and decided by the Appellate Authority and therefore, 14. These writ petitions are disposed of accordingly ”
5. It is stated by the learned Standing Counsel for the Board that steps are being taken by the State Government to notify in the Appellate Authority. This Court finds that the petitioner is also entitled to have similar benefit and accordingly, the petitioner is set at liberty to pursue appeal if any against the final order passed under Section 126 of the Act before the competent Authority, as and when the said Authority is notified. Such appeal shall be preferred within ‘two weeks’ from the date of notification of the Appellate Authority. The respondents shall inform the petitioner as to the constitution of the authority concerned. Coercive steps shall not been taken or pursued against the petitioner till finalization of the appeal as above on condition that the petitioner satisfies 50% of the liability cast upon the petitioner as per Exhibit P10, which shall be done within ‘two weeks’.
The writ petition is disposed of accordingly.
DSV/14/10 Sd/-
P.R. RAMACHANDRA MENON, JUDGE.