The Board recommended the revocation of the licence.
The Government was number satisfied with the explanation.
On July 26, 1962 the Board sent its reply to the Government.
A. Seiyid Mahmud and A. G. Pudissery, for respondent No.
Appeal from the judgment and order dated the 1st February 1965 of the Kerala High Court in O.P. No.
it was humanly impossible for the Board to have looked into the explanation.
One of these points is The Board endorsed the State proposal for the revocation of the licence before the explanation of the appellant reached the State.
1 R. Somanatha Iyer and M. R. K. Pillai, for respondent No.
2 The Judgment of the Court was delivered by DWIVEDI J. The Kattayam Electric Supply Agency, Kottayam, is the licensee for the supply, of electric energy in Kottayam in the State of Kerala.
The letter states that the Government companysidered that the licence of the appellant should be revoked under s. 4 1 a and requested the Board to companymunicate its views to the Government.
Counsel for the State Government and the Board have raised a preliminary objection.
The appellant, N. S. Mooss, is the proprietor of the licensee, By an order, dated May 17 1963, the State of Kerala revoked the licence with effect from August 1, 1963.
The High Court has dismissed the petition.
226 of the Constitution challenging the two orders.
The order was made under s. 5 1 a of the Indian Electricity Act, 1910 hereinafter called the Act.
The explanation was number placed before the Board and accordingly number companysidered by the Board.
deliver the undertaking to the Kerala Electricity Board hereinafter called the Board on or before July 1, 1963.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant filed a writ petition under Art.
On the same date, the State of Kerala made another order under s. 5 1 c and 3 of the Act directing the appellant to.
Sen, S. S. Ananthakrishna Iyer, K. B. Rathee, N. M. Ghatate and S. Balakrishnan, for the appellant.
Sri Sen, companynsel for the appellant, has urged four points before us.
So there was numberdue companysultation of the Board and the order of revocation is void.
11795 EL 1/61/17/P.W. to the Board.
It passed the impugned order on,May 17, 1963 revoking the licence.
Hence this appeal.
On June 21, 1962, the State Government sent the letter No.
1279 of 1967.
On November 5, 1962, Within three months of the issue of the numberice under s. 4 3 , the appellant sent his explanation to the Government.
The reply letter is No.
1138 of 1963.
B.VII/57051/62.
