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Judgment
The petitioner has approached this Court impugning Ext.P10 notice issued against him under the Revenue Recovery Act, to recover certain
amounts, on the allegation that a liability has been quantified by the Kerala State Electricity Board (KSEB for short), to the tune of more than Rs.5
lakhs.
The petitioner asserts that a disciplinary action against him is not still complete and that his appeal against the order of the disciplinary Authority is
pending before the competent Appellate Authority of the KSEB. He, therefore, prays that Ext.P10 be quashed and the competent Authority of the
KSEB be directed to consider his appeal.
However, when this matter was called today, Smt.Anitha A.G. - learned Standing Counsel for the KSEB, submitted that a counter affidavit has
been placed on record, along with which, Ext.R5(a) order has been produced, which is the proceedings of the Chairman and Managing Director of the
KSEB - being the competent Appellate Authority - rejecting the appeal of the petitioner as early as on 25.07.2018. She, therefore, prayed that this
Writ Petition be dismissed, since it is no longer maintainable.
On hearing the learned Standing Counsel for the KSEB as afore, Sri.M.Sreekumar learned counsel for the petitioner, submitted that his client was
not aware of Ext.R1(a) until the date of filing this Writ Petition, presumably because he was mentally very disturbed during that period, and prayed
that he be given liberty to challenge the said order in terms of law. He, therefore, prayed that this Writ Petition be closed reserving such liberty to his
client.
Taking note of the afore submissions and since I find favour with the submissions made on behalf of the KSEB by Smt.Anitha - that on account of
Ext.R5(a) none of the contentions of the petitioner as impelled in this Writ Petition are now worthy of consideration of this Court - I close this Writ
Petition without any further orders; however, leaving liberty to the petitioner to impugn Ext.R5(a) in such manner as he may be advised.