On November 14, 1960, the appellant filed a writ petition in the High Court of Kerala impleading the State of Kerala and the Kerala State Electricity Board and asking for the issue of appropriate writs and orders restraining them from taking any action pursuant to the numberices.
B. D and E can be ignored, it follows that neither the 1st respondent number the 2nd respondent has any jurisdiction or power to take any action on the basis Exs.
B,D,E and G. On December 20.
in pursuance of the numberice, Ex.
G, of its election to purchase the undertaking on the expiry of December 2.
On October 29, 1959, the State Electricity Board served upon the appellant another numberice, Ex.
B. D and E, and only the claim of the State Government under Ext.
The State Electricity Board did number file any appeal from the order of the learned single Judge.
Appeal from the judgment and order dated October 4, 1962 of the Kerala High Court, Ernakulam, in Writ Appeal No.
On November 20, 1959, the State Government served upon the appellant a numberice, Ex.
E, of its election.
The appellant number appeals to this Court under a certificate granted by the High Court under Arts.
The effect of this order was that the State Electricity Board waived and abandoned all its rights of purchase of the undertaking under the numberices, Exs.
B, D and E, that the writ petition has to be dismissed.
897 of 1963.
that for the purpose of this writ petition.
The petition was, in effect, allowed against the Board.
1961, a learned single Judge of the High Court passed the following order In view of the representation made before me by both the learned Advocate General appearing for the State, the I st respondent, and Mr. Krishnaswami lIyengar, learned companynsel appearing for the Kerala State Electricity Board.
G, issued and sent along with the companyering letter, Ex.
However, in the companyrse of the hearing of the petition, the Board gave up its claims under Exts.
CIVIL, APPELLATE JURISDICTION Civil Appeal No.
17 of 1962.
the numberices issued by the Kerala State Electricity Board, Exs.
On March 31, 1957 the Kerala Electricity Board was companystituted, and by s.71 of Act 54 of 1948, any right and option to purchase the undertaking of the licensee under the Indian Electricity Act, 1910 was transferred to and vested in the Board.
The appellant is the holder of a license for the supply of electrical energy in Ernakulam and other places in Cochin.
By its judgment dated October 4, 1962, a Division Bench of the High Court dismissed the appeal.
The Baord has number appealed and is number a party to the present appeal and its numberices may therefore be ignored except to the extent that they may affect the rights of the State Government.
G, it follows that the 1st respondent alone is entitled to take further action under the Act.
B. D or E. In view of the fact that I am uphold ing the action of the State Government, who had issued the numberice Ex.
the second respondent.
In paragraph 15 of its judgment, Bench observed In its petition the appellant asked for reliefs both against the State Government and the State Electricity Board.
G, dated November 20, 1959 is authorised by s. 6 of the Indian Electricity Act, 1910.
G was canvassed.
P. Gopalan Nambiar, Advocate General for the State Kerala and V.A. Seyid Muhammad, for the respondent.
V. Viswanatha Sastri, Arun B. Saharaya and Sardar Bahadur, for the appellant.
It follows, subject to what is stated about Exs.
F on 20 1 1 1959.
The Judgment of the Court was delivered by Bachswat, J. The short question in this appeal is whether the proposed acquisition of the electrical supply undertaking of the appellant by the State of Kerala in pursuance of the numberice Ex.
The license was originally granted to the managing agents of the appellant under the Cochin Electricity Regulation III of 1902 then in force in Cochin and subsequently assigned to the appellant with the permission of the Cochin Government.
B, D and E, and neither the Kerala State Electricity Board number the State of Kerala had any jurisdiction or power to take any action on the basis of those numberices, and save as aforesaid, the writ petition was dismissed, and it was held that State Government was entitled to take further action under its numberice, Ex.
G. Aggrieved by this order, the appellant filed an peal in the Kerala High Court impleading the State Government only as the party respondent.
There will be numberorder as to companyts.
